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WALTHER v. OMAHA PUBLIC POWER DISTRICT

No. 19426.

412 F.2d 1164 (1969)

Theodore E. WALTHER, Executor of the Estate of James A. Walther, Deceased, Appellant, v. OMAHA PUBLIC POWER DISTRICT and Floyd L. Neal, Appellees.

United States Court of Appeals Eighth Circuit.

July 7, 1969.

Attorney(s) appearing for the Case

John J. Higgins, Jr., of Eisenstatt, Morrison, Higgins, Miller, Kinnamon & Morrison, Omaha, Neb., for appellant, and filed brief; J. Patrick Green, Omaha, Neb., on the brief with Mr. Higgins.

Joseph K. Meusey, of Fraser, Stryker, Marshall & Beach, Omaha, Neb., for appellee, Omaha Public Power District; Robert G. Fraser, Omaha, Neb., was on the brief with Mr. Meusey.

A. G. Schatz, of Gross, Welch, Vinardi, Kauffman, Schatz & Day, Omaha, Neb., for appellee, Floyd Neal; Harold W. Kauffman, Omaha, Neb., was on the brief with Mr. Schatz.

Before BLACKMUN, GIBSON and BRIGHT, Circuit Judges.

BRIGHT, Circuit Judge.

Appellant, the Illinois executor of a Nebraska decedent, brought a proper diversity action seeking damages on behalf of the decedent's widow and children for the alleged wrongful death of Major James A. Walther occurring on October 1, 1966, at Bellevue, a suburb of Omaha, Nebraska. The jury was asked to answer special interrogatories and, on the basis of those answers, the trial court dismissed the claim against both defendants. This timely...

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