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BILLINGSLEY v. WESTRAC COMPANY

No. 18247.

365 F.2d 619 (1966)

Juanita DeShazo BILLINGSLEY, Administratrix of the Estate of Joe W. Billingsley, Deceased, Appellant, v. The WESTRAC COMPANY and Donald Earl Adams, Appellees.

United States Court of Appeals Eighth Circuit.

September 9, 1966.

Attorney(s) appearing for the Case

W. Lee Tucker, Benton, Ark., for appellant; Ted Boswell and Hall, Purcell, Boswell & Tucker, Benton, Ark., on the brief.

John O. Moore, Texarkana, Ark., for appellees.

Before VAN OOSTERHOUT, BLACKMUN and GIBSON, Circuit Judges.

BLACKMUN, Circuit Judge.

Joe W. Billingsley died as a result of injuries sustained when, in the darkness at about 5:30 on the morning of March 3, 1965, the new one-half ton truck he was driving smashed into a tractor-trailer straddling U. S. Highway 70 about twelve and a half miles west of Benton, Arkansas.

The decedent's widow, as administratrix of his estate, instituted this wrongful death diversity action against Westrac Company, the owner of the tractor...

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