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PERRY v. BERTSCH

No. 20404.

441 F.2d 939 (1971)

Marilee K. PERRY, Appellee, v. Marian BERTSCH, Appellant.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied May 20, 1971.

Attorney(s) appearing for the Case

Patrick A. Conmy, Bismarck, N. D., for appellant; Morris A. Tschider, Bismarck, N. D., of counsel.

William A. Strutz, Fleck, Mather, Strutz & Mayer, Bismarck, N. D., for appellee.

Before MEHAFFY and HEANEY, Circuit Judges, and MEREDITH, Chief District Judge.

MEHAFFY, Circuit Judge.

On November 3, 1965 about 3:30 or 4:00 p. m. Mrs. Marilee K. Perry, the plaintiff, was injured in an automobile accident at the intersection of Avenue C and Fifth Street in the City of Bismarck, North Dakota. Plaintiff, accompanied by her oldest daughter, Tracey, approximately four years of age, was driving a Volkswagen. Plaintiff was traveling East and defendant, Mrs. Marian Bertsch, driving a Lincoln Continental, was traveling North, the...

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