L. B. FOSTER COMPANY v. HURNBLAD

No. 22597.

418 F.2d 727 (1969)

L. B. FOSTER COMPANY, Inc., Appellant, v. Melvin R. HURNBLAD and Grace M. Hurnblad, husband and wife, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 15, 1969.


Attorney(s) appearing for the Case

Roy C. Moceri (argued) of Reed, McClure & Moceri, Seattle, Wash., for appellant.

Robert A. Comfort (argued) and Gerald Lee Hulscher (argued) of Comfort, Dolack, Hansler & Billett, Tacoma, Wash., for appellees.

Before HAMLEY and BROWNING, Circuit Judges and McNICHOLS, District Judge.


HAMLEY, Circuit Judge:

This is a diversity suit for damages resulting from an automobile accident which occurred at Tacoma, Washington. The plaintiffs are Melvin R. Hurnblad and his wife, Grace M. Hurnblad. They were injured and their automobile was damaged on December 9, 1963, when the car was struck at a Tacoma intersection by a combination tractor-trailer loaded with steel rails and splicing.

Plaintiffs named, as defendants, Sim Knight, who drove the tractor...

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