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PACE v. SOUTHERN EXPRESS COMPANY

No. 17019.

409 F.2d 331 (1969)

Betty V. PACE, as Administratrix of the Estate of Floyd J. Pace, Jr., Deceased, Plaintiff-Appellant, v. SOUTHERN EXPRESS COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 2, 1969.

Attorney(s) appearing for the Case

George W. McCain, David N. Gilyan, Gary, Ind., for plaintiff-appellant.

Daniel F. Kelly, Joel C. Levy, Hammond, Ind., for defendant-appellee; Tinkham, Beckman, Kelly & Singleton, Hammond, Ind., of counsel.

Before CASTLE, Chief Judge, and CUMMINGS and KERNER, Circuit Judges.

CUMMINGS, Circuit Judge.

In this diversity action, plaintiff, the administratrix of the estate of Floyd J. Pace, Jr., sought $750,000 in damages for the death of her son in a May 1965 automobile accident in Michigan City, Indiana. On that occasion, Pace and Velma Becker were passengers in the automobile being driven by plaintiff. The other vehicle was a trailer-type tractor being driven by Peter Couture. Couture was the owner of this tractor but it was leased to defendant...

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