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GUSHEE v. KALEN

No. 678-70.

449 F.2d 1276 (1971)

Cynthia Gay GUSHEE, a Minor, by Mother and next friend, Victoria M. Gushee, and Victoria M. Gushee, Plaintiffs, v. Gary George KALEN, Defendant and Third Party Plaintiff-Appellant, v. CITY OF COLORADO SPRINGS, Third Party Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 20, 1971.

Attorney(s) appearing for the Case

John F. Bennett, Colorado Springs, Colo., for defendant and third-party plaintiff.

Leo W. Rector, Colorado Springs, Colo., for third-party defendant.

Before SETH and HOLLOWAY, Circuit Judges, and KERR, District Judge.

KERR, District Judge.

This action grows out of the Colorado guest statute. (Colo.Rev.Stat. (1963) § 13-9-1.) The jurisdictional requirements are satisfied.

Cynthia Gay Gushee brought suit in the United States District Court for the District of Colorado against Gary George Kalen to recover damages incurred as the result of a one car accident in Colorado Springs, Colorado. The defendant was given leave to file a third-party complaint against the City of...

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