FINDINGS OF FACT AND CONCLUSIONS OF LAW.
STATEMENT OF THE CASE.
BARKSDALE, District Judge.
This is a diversity action instituted by her administrators for the death by wrongful act of Cynthia Anna Durham against Michael F. Fitzharris. On October 18, 1966, this action was tried with a jury, and resulted in a mistrial by reason of the failure of the jury to agree upon a verdict. By stipulation of the parties, by counsel, of May 23, 1967, this action...
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