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ATKINS v. SCHMUTZ MANUFACTURING COMPANY

Civ. A. No. 67-C-13-D.

268 F.Supp. 406 (1967)

Donald T. ATKINS, Plaintiff, v. SCHMUTZ MANUFACTURING COMPANY, Inc., Defendant.

United States District Court W. D. Virginia, Danville Division.

May 26, 1967.

Attorney(s) appearing for the Case

George E. Allen, Jr., Allen, Allen, Allen & Allen, Richmond, Va., Charles A. Williams, Paducah, Ky., and David F. Guthrie, Jr., Halifax, Va., for plaintiff Atkins.

Frank O. Meade, Meade, Tate & Meade, Danville, Va., for defendant Schmutz Mfg. Co., Inc.

OPINION and JUDGMENT

DALTON, Chief Judge.

This personal injury suit is brought to the court upon a jurisdictional basis of diversity of citizenship, and amount in controversy in excess of $10,000. The clearest way to present the issue before this court, is to begin with an examination of the facts.

Plaintiff, Donald T. Atkins, was injured on June 22, 1961, at South Boston, Virginia when he was caught...

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