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BOATRIGHT v. SCLIVIA

No. 146-69.

421 F.2d 949 (1970)

Chester A. BOATRIGHT, as Administrator of the Estate of Garland L. Boatright, Deceased, Appellant, v. Alexander SCLIVIA, aka Alexander Selivra, Appellee.

United States Court of Appeals, Tenth Circuit.

February 16, 1970.

Attorney(s) appearing for the Case

Charles O. Morgan, Jr., San Francisco, Cal. (Lewis R. Sutin, Albuquerque, N. M., and Morgan & Moscone, San Francisco, Cal., on the brief) for appellant.

Walter R. Parr, Window Rock, Arizona (William H. Oldaker, Albuquerque, N. M., with him on the brief), for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

MURRAH, Chief Judge.

Chester A. Boatright appeals from a judgment entered on a jury verdict for defendant-appellee Selivra in a wrongful death action. The action arose from a collision in which an automobile driven by Garland Boatright struck the rear of Selivra's automobile while it was standing without lights at 5:30 A.M. on Highway 66 near Albuquerque, New Mexico.

The appellant, as executor of Boatright's estate, instituted this wrongful death action against...

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