SLADE v. SLADE

No. 22973.

439 F.2d 130 (1971)

Edwin H. SLADE and Viola Slade, His Wife, Plaintiffs-Appellants, v. Ray H. SLADE and Rodney Slade, dba Slade Trucking Company, and Douglas Slade, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

March 1, 1971.


Attorney(s) appearing for the Case

R. R. Woodford (argued), of Trew & Woodford, Phoenix, Ariz., for plaintiffs-appellants.

R. C. Mitten (argued), of Fennemore, Craig, von Ammont & Udall, Phoenix, Ariz., for defendants-appellees.

Before MERRILL, BROWNING and KILKENNY, Circuit Judges.


PER CURIAM:

Appellants, in this diversity action, seek damages for injuries suffered by Edwin Slade (hereinafter "appellant") resulting from alleged negligent operation of a truck by appellee Douglas Slade.

Appellant's truck, loaded with cattle, stalled while proceeding up a grade when it could not be shifted to low gear. Leaving Douglas Slade at the wheel, appellant crawled under the truck and attempted, with tools, to shift the gears to low by direct attack...

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