No. 684-70.

455 F.2d 169 (1971)

Lloyd C. HAYLES, Plaintiff-Appellant, v. RANDALL MOTOR COMPANY, Inc., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

As Amended on Rehearing March 29, 1972.

Attorney(s) appearing for the Case

John B. Ogden, Oklahoma City, Okl., for plaintiff-appellant.

Elliott C. Fenton, Oklahoma City, Okl. (Leroy J. Patton and Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., on the brief), for defendant-appellee.

Before PHILLIPS, BREITENSTEIN and HILL, Circuit Judges.

PHILLIPS, Circuit Judge.

On August 12, 1970, Hayles brought a diversity action in the United States District Court for the Western District of Oklahoma, numbered 70-403 on the docket of that court, against Randall Motor Company, Inc.,1 to recover damages for personal injuries sustained in a four-truck highway accident which occurred on Interstate Highway 35 in Oklahoma. From an order sustaining a motion by Randall Company to dismiss the...

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