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CARGILL, INCORPORATED v. ZIMMER

No. 18461.

374 F.2d 924 (1967)

CARGILL, INCORPORATED, a Foreign Corporation, Appellant, v. Francis ZIMMER, Special Administrator of the Estate of Francis Zimmer, Jr., Deceased, Appellee.

United States Court of Appeals Eighth Circuit.

March 28, 1967.

Attorney(s) appearing for the Case

Francis M. Smith, of Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for appellant.

Carleton R. Hoy, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for appellee.

Before BLACKMUN, MEHAFFY and LAY, Circuit Judges.

LAY, Circuit Judge.

The appellant seeks relief from a jury verdict and judgment in favor of the plaintiff-appellee, by reason of the alleged wrongful death of Francis Zimmer, Jr., age 12 years and 3 months. The verdict was in the sum of $15,482.00. Appellant owned property in Sioux Falls, South Dakota. At the property site were four steel grain storage tanks with a building and elevator immediately adjacent to them. Sometime prior to the accident in question, the...

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