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CROWDER v. GORDONS TRANSPORTS, INC.

No. 19556.

419 F.2d 480 (1969)

Ruth CROWDER, Mother and Next Friend of Walter Paul Crowder and David Douglas Crowder, Minors, Appellants, v. GORDONS TRANSPORTS, INC., Appellee.

United States Court of Appeals Eighth Circuit.

December 23, 1969.

Attorney(s) appearing for the Case

Floyd Rogers, Ralph W. Robinson, Van Buren, Ark., and P. H. Hardin, Bradley D. Jesson and Robert T. Dawson, Fort Smith, Ark., for appellant.

Robert S. Lindsey, Wright, Lindsey & Jennings, Little Rock, Ark., for appellee.

Before BLACKMUN, LAY and HEANEY, Circuit Judges.

BLACKMUN, Circuit Judge.

We are confronted here with the question whether a covenant-not-to-sue settlement with one of two alleged joint tort-feasors bars a wrongful death action against the other when the amount paid for the covenant exceeds the wrongful death maximum specified by the statute of the state where the injury occurred. Somewhat to our surprise there is a paucity of precedent. Unfortunately, we were not favored with oral argument.

Walton W. Crowder...

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