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KING v. WOODWARD

No. 71-1737.

464 F.2d 625 (1972)

Violet KING and Owen King, Plaintiffs-Appellants, v. Clarence E. WOODWARD, Defendant-Appellee, and Traders and General Insurance Company, Garnishee-Appellee.

United States Court of Appeals, Tenth Circuit.

July 26, 1972.

Attorney(s) appearing for the Case

Ed Abel, Oklahoma City, Okl. (Lampkin, Wolfe, Burger, Abel, McCaffrey & Norman, Oklahoma City, Okl., on the brief), for plaintiffs-appellants.

H. A. Bud Carter, Oklahoma City, Okl., for garnishee-appellee.

Before JONES, SETH and McWILLIAMS, Circuit Judges.

JONES, Circuit Judge:

Clarence E. Woodward, on May 13, 1966, drove a GMC pickup truck owned by John Mongold from Tahlequah, Oklahoma, to Oklahoma City, Oklahoma, for the purpose of delivering, for Mongold, in Oklahoma City, a truckload of strawberries belonging to Mongold. The prior course of dealing between Mongold and Woodward had established that for this service Woodward would be paid $15. The truck, driven by Woodward, collided with an autombile occupied by Violet...

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