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BURGERT v. TIETJENS

No. 73-1928.

499 F.2d 1 (1974)

Leo BURGERT and Mrs. Leo Burgert, Plaintiffs-Appellees, v. Jerry TIETJENS and Terry Tietjens, Individually and as partners d/b/a Sycamore Springs Recreation Area, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided July 3, 1974.

Attorney(s) appearing for the Case

J. Roger Hendrix, Topeka, Kan. (Herbert A. Marshall, Topeka, Kan., on the brief), for plaintiffs-appellees.

Howard A. Spies, Topeka, Kan., for defendants-appellants.

Before LEWIS, HOLLOWAY and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Jerry Tietjens and Terry Tietjens, individually and as partners d/b/a Sycamore Springs Recreation Area, appeal from a judgment in a diversity action tried to the court, awarding the parents of the decedent, (appellees here), Robert Burgert, the sum of $30,539.95 under the Kansas Wrongful Death Statute, K. S.A. 60-1901 to 60-1905 (1967).

On August 24, 1969 the Burgerts were engaged in a farming operation near Pawnee, Nebraska. That day...

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