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ROGERS v. HI-WAY DISPATCH, INC.

No. 71-1445.

463 F.2d 587 (1972)

Earl R. ROGERS, Administrator of the Estate of John T. Kelsey, Deceased, Plaintiff-Appellee, v. HI-WAY DISPATCH, INC., a corporation, and Harry Holdrun, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 15, 1972.

As Corrected July 19, 1972.

Rehearing Denied July 21, 1972.

Attorney(s) appearing for the Case

Jack E. Horsley, Richard F. Record, Jr., Mattoon, Ill., for defendants-appellants.

Francis D. Conner, Belleville, Ill., John R. Glidden, Carthage, Ill., for plaintiff-appellee.

Before DUFFY, Senior Circuit Judge, and HAMLEY and CUMMINGS, Circuit Judges.

DUFFY, Senior Circuit Judge.

This is a diversity suit. On April 13, 1967, at about 5 p. m. on a clear day, a two-truck collision occurred on Interstate Highway 70 about two miles west of Effingham, Illinois. Each truck was traveling in an easterly direction. The highway was a four-lane divided throughway, and the trucks had been traveling in the far righthand lane.

The truck owned by defendant, Hi-Way Dispatch, Inc., and driven by defendant Harry Holdrun,...

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