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McKAIG v. PARAMORE

No. 9948.

401 F.2d 719 (1968)

Emmett E. McKAIG, Jr., and the Junction City Bottling Co., a Kansas Corporation, Appellants, v. Jimmy R. PARAMORE, a minor by and through his next friend, Hardy A. Paramore, Appellee.

United States Court of Appeals Tenth Circuit.

October 3, 1968.

Attorney(s) appearing for the Case

Charles S. Fisher, Jr., Topeka, Kan. (O. B. Eidson, Philip H. Lewis, James W. Porter, William G. Haynes, Charles N. Henson, Peter F. Caldwell, Roscoe E. Long, R. Austin Nothern and Brock R. Snyder, Topeka, Kan., on the brief), for appellants.

William F. Stahl, Junction City, Kan. (George F. Scott, Junction City, Kan., on the brief), for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and HILL, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

Jimmy R. Paramore, a minor, by Hardy A. Paramore as his next friend, brought this action against Emmett E. McKaig, Jr., the Junction City Bottling Co., Inc., and James M. Tapley to recover damages for personal injuries. Shortly before the trial began, the case was dismissed without prejudice as to Tapley. From a judgment on a jury verdict in favor of Jimmy, McKaig and the Bottling Company have appealed.

While Jimmy was riding...

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