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BURGEN v. SMITH

No. 71-1255.

454 F.2d 1175 (1972)

Nelson L. BURGEN, Plaintiff-Appellee, v. James O. SMITH et al., Defendants-Appellants, v. Nelson L. BURGEN et al., Third Party Defendants. Erma JACOBS, wife and heir at law of Paul O. Jacobs, Plaintiff-Appellee, v. James O. SMITH et al., Defendants-Appellants, v. Nelson L. BURGEN et al., Third Party Defendants.

United States Court of Appeals, Tenth Circuit.

February 23, 1972.

Attorney(s) appearing for the Case

Jan W. Leuenberger, Topeka, Kan., for appellants Sopus Hicks, Steel Haulers, Inc., and Transit Casualty Co.

Charles S. Fisher, Jr., Topeka, Kan. (James E. Benfer, Jerry R. Palmer, Robert D. Ochs and David L. McLane, Topeka, Kan., on the brief), for appellees Nelson L. Burgen and Erma Jacobs.

Before BREITENSTEIN, HILL and McWILLIAMS, Circuit Judges.

PER CURIAM.

This appeal is from a judgment entered in two consolidated cases after trial to the court without a jury. Both cases sought damages, one for a wrongful death and the other for personal injuries, and both arose from a collision between an automobile and a truck on the Kansas Turnpike.

The trial court, after an evidentiary hearing, made findings of fact and conclusions of law covering the pertinent issues in the case. All of the points raised here...

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