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BATES v. HENSLEY

No. 19350.

414 F.2d 1006 (1969)

Ross L. BATES, Appellant, v. Chester Ray HENSLEY, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied October 17, 1969.

Attorney(s) appearing for the Case

Dayton W. Countryman, Nevada, Iowa, for appellant; Marvin Motley, Branson, Mo., was on the brief with Mr. Countryman.

Daniel T. Rabbitt, Jr., of Moser, Marsalek, Carpenter, Cleary & Jaeckel, St. Louis, Mo., for appellee; F. X. Cleary, St. Louis, Mo., was on the brief with Mr. Rabbitt.

Before GIBSON, LAY and HEANEY, Circuit Judges.

HEANEY, Circuit Judge.

This diversity action, arising out of an automobile accident, was instituted in the United States District Court for the Western District of Missouri. The plaintiff's (Hensley's) personal injury claim against the defendant (Bates) was settled before the trial. The defendant's counterclaim was tried before a jury and a verdict of $9,000 was returned. Hensley did not appear as a witness at trial.

The District Court granted Hensley's motion...

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