MERCHANTS NATIONAL BANK OF CEDAR RAPIDS v. WATERS

Nos. 20727, 20728.

447 F.2d 234 (1971)

MERCHANTS NATIONAL BANK OF CEDAR RAPIDS, Administrator of the Estate of Elizabeth W. Smith, Deceased, Appellee, v. Larry WATERS, Administrator of the Estate of Delmar Messer, Deceased, and The Boeing Company, Appellants. MERCHANTS NATIONAL BANK OF CEDAR RAPIDS, Administrator of the Estate of Mignon Pease, Deceased, Appellee, v. Larry WATERS, Administrator of the Estate of Delmar Messer, Deceased, and The Boeing Company, Appellants.

United States Court of Appeals, Eighth Circuit.

Rehearing and Rehearing Denied September 22, 1971.


Attorney(s) appearing for the Case

Keith E. Stapleton, Raymond R. Stefani and Silliman, Gray & Stapleton, Cedar Rapids, Iowa, for the Boeing Co.

John T. Nolan, Nolan, Lucas & Nolan, D. C. Nolan, Edward W. Lucas, Iowa City, Iowa, for appellees.

Before LAY, HEANEY and BRIGHT, Circuit Judges.


Rehearing and Rehearing En Banc Denied September 22, 1971.

LAY, Circuit Judge.

Merchants National Bank, the administrator of the Estate of Elizabeth W. Smith, deceased, and of the Estate of Mignon Pease, deceased, recovered verdicts of $125,000 and $65,000, respectively, from The Boeing Company, by reason of the negligence of its employee, Delmar Messer, now deceased.1 Reversal of the judgment is sought on two basic grounds: (1...

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