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STARNS v. JONES

Nos. 73-1767 and 73-1768.

500 F.2d 1233 (1974)

Leberta STARNS, Administratrix of the Estate of W. W. Starns, a/k/a Jim Starns, Deceased, Appellant, v. Benton JONES and Samuel L. Garst, Appellees. Alice Jean BURNEY, Administratrix of the Estate of Robert W. Burney, Deceased, Appellant, v. Benton JONES and Samuel L. Garst, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 5, 1974.

Rehearings and Rehearings En Banc Denied August 27, 1974.

Attorney(s) appearing for the Case

Edward F. Fogarty, Omaha, Neb., for appellant.

Edward P. Welch, Omaha, Neb., for appellees.

Before MATTHES, Senior Circuit Judge, and ROSS and WEBSTER, Circuit Judges.

WEBSTER, Circuit Judge.

On July 14, 1969, W. W. Starns and Robert W. Burney, his passenger, were killed when Starns' Volkswagon collided with a school bus, owned by Benton Jones and driven by his employee, Samuel Garst. The school bus, operated as part of a wheat-harvesting convoy, had been heading north from Kansas into Nebraska with a trailer carrying a combine header in tow. As the bus traveled north on Highway 61 in Perkins County, Nebraska, it approached the...

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