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BURGEN v. SMITH

Civ. A. Nos. T-4503, T-4504.

337 F.Supp. 197 (1970)

Nelson L. BURGEN, Plaintiff, v. James O. SMITH et al., Defendants, v. Nelson L. BURGEN et al., Third-Party Defendants. Erma JACOBS, wife and heir at law of Paul O. Jacobs, Plaintiff, v. James O. SMITH et al., Defendants, v. Nelson L. BURGEN et al., Third-Party Defendants.

United States District Court, D. Kansas.

October 30, 1970.

Attorney(s) appearing for the Case

Charles Fisher, Jr., Topeka, Kan., for Nelson L. Burgen and Erma Jacobs.

Jan Leuenberger, Topeka, Kan., for Sophus Hicks, Steel Haulers, Transit Casualty Co.

Sam Crow, Topeka, Kan., for Judith Jackson.

Carl W. Quarnstrom, Topeka, Kan., for James Smith.

FINDINGS OF FACT and CONCLUSIONS OF LAW

PRELIMINARY STATEMENT AND GENERAL FINDINGS

TEMPLAR, District Judge.

These cases were consolidated for trial before the Court without a jury by agreement of the parties.

The contentions of the parties, as disclosed by their pleadings, are set forth generally in earlier rulings of the Court announced in connection with motions of defendant James O. Smith for summary judgment (Doc. 49) and will not be...

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