BRANTNER v. POOLE

No. 73-1406.

487 F.2d 1326 (1973)

Thomas J. BRANTNER, Appellant, v. Carl POOLE, d/b/a Utah Sanitary Company, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided December 3, 1973.


Attorney(s) appearing for the Case

Ray R. Christensen, Christensen, Gardiner, Jensen & Evans, Salt Lake City, Utah, for appellant.

Raymond M. Berry, Worsley, Snow & Christensen, Salt Lake City, Utah, for appellee.

Before SETH and DOYLE, Circuit Judges, and TALBOT SMITH, District Judge.


SETH, Circuit Judge.

Thomas J. Brantner appeals from the order of the United States District Court for the District of Utah granting summary judgment to the defendant-appellee, Carl Poole. This is a diversity suit for the recovery of damages resulting from a truck accident in which appellant Brantner was seriously injured.

The basic issue on appeal is, of course, whether the pleadings, depositions, and affidavits...

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