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HERSCHEL v. SMITH

No. 20278.

361 F.2d 355 (1966)

Elizabeth G. HERSCHEL, as surviving spouse of Charles F. Herschel, deceased, and as surviving mother of Wayne Andrew Herschel, deceased, and Bruce E. Kiernan, Appellants, v. Mary Elizabeth SMITH, Administratrix of the Estate of Nathaniel Eakins, deceased, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 14, 1966.

Attorney(s) appearing for the Case

Philip Robbins, Moore, Romley, Kaplan, Robbins & Green, Phoenix, Ariz., for appellants.

James Henderson, Gust, Rosenfeld & Divelbess, Phoenix, Ariz., for appellee.

Before BARNES and JERTBERG, Circuit Judges, and MATHES, District Judge.

JERTBERG, Circuit Judge:

This litigation arose out of a collision occurring on Highway 66 in the State of Arizona, between two motor vehicles whose drivers met instantaneous death. The parties plaintiffs (appellants) are Elizabeth G. Herschel, as surviving spouse of Charles F. Herschel, the driver of one of the vhicles, and as surviving mother of Wayne Andrew Herschel, a passenger in the Herschel car, who also met death in the collision; and Bruce E. Kiernan, another...

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