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FRASE v. HENRY

No. 478-70.

444 F.2d 1228 (1971)

Gerald L. FRASE, in the capacity of Administrator of the Estates of Julia M. Teer and Lacey E. Teer, Decedents, et al., Plaintiff-Appellee, v. W. F. HENRY, Administrator of the Estates of Paul L. Findley and Lenna F. Findley, Decedents, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 21, 1971.

Attorney(s) appearing for the Case

Lee Turner and Thos. C. Kelley, Great Bend, Kan. (Lawrence E. Condit, Great Bend, Kan., on the brief), for appellant.

John C. Frank, Wichita, Kan. (Bryson E. Mills, Wichita, Kan., on the brief), for appellee.

Before HILL, JONES and McWILLIAMS, United States Circuit Judges.

HILL, Circuit Judge.

Plaintiff-Appellee, Frase, is the administrator of the estate of Lacey E. Teer and Julia M. Teer. Defendant-Appellant, Henry, is the administrator of the estate of Paul L. Findley and Lenna A. Findley. Appellee filed a wrongful death and survival action against appellant in the United States District Court of Kansas. Jurisdiction was founded upon diversity of citizenship. A jury returned a general verdict in the sum of $62,500 for appellee.

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