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WILKINS v. HOGAN

No. 231-69.

425 F.2d 1022 (1970)

Bernice WILKINS, Individually, and on Behalf of Paula Sue Hoover and Stanley Neil Wilkins, a Minor, Sole Heirs at Law of Paul H. Wilkins, Deceased, Appellees, v. Ernest P. HOGAN, Jr., and Tri-State Insurance Company, Appellants.

United States Court of Appeals, Tenth Circuit.

May 18, 1970.

Attorney(s) appearing for the Case

William Hergenreter, Topeka, Kan. (Shaw, Hergenreter & Quarnstrom, Topeka, Kan., on the brief), for appellees.

Arthur E. Palmer, Topeka, Kan. (Goodell, Casey, Briman, Rice & Cogswell, Topeka, Kan., on the brief), for appellants.

Before LEWIS and SETH, Circuit Judges, and BRATTON, District Judge.

BRATTON, District Judge.

This wrongful death action was originally filed in the Kansas state court by Bernice Wilkins for herself and her children as the heirs of Paul H. Wilkins. It was thereafter removed to the federal court by the defendants-appellants Ernest P. Hogan, Jr., and Tri-State Insurance Company. The case was subsequently tried to a jury, and a verdict of $26,674.92 was returned in favor of the plaintiffs.

The action arose out of an automobile...

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