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BROWNE v. BARK RIVER CULVERT AND EQUIPMENT COMPANY

No. 17685.

425 F.2d 3 (1970)

Nora BROWNE, Plaintiff-Appellee, v. BARK RIVER CULVERT AND EQUIPMENT COMPANY, Defendant-Appellant.

United States court of Appeals Seventh Circuit.

April 7, 1970.

Attorney(s) appearing for the Case

James P. O'Neill, Milwaukee, Wis., for defendant-appellant; Arnold, Murray & O'Neill, Milwaukee, Wis., of counsel.

James J. Murphy, Milwaukee, Wis., Habush, Gillick, Habush, Davis & Murphy, Milwaukee, Wis., for plaintiff-appellee.

Before SWYGERT, Chief Judge, and DUFFY, Senior Circuit Judge and CUMMINGS, Circuit Judge.

DUFFY, Senior Circuit Judge.

This diversity suit was brought under the provisions of the Wisconsin Wrongful Death Statute, Wis.Stats. § 331.03, due to the death of Joseph Browne who was killed on June 2, 1966, at a freeway construction site in the City of Milwaukee. The plaintiff brought suit against Bark River Culvert and Equipment Company and International Harvester Company. The District Court granted a directed verdict in favor of International Harvester....

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