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PIERCE v. COOK & CO., INC.

No. 97-70.

518 F.2d 720 (1975)

Claudiatte PIERCE, as surviving widow of Teddy Joe Pierce, Deceased, for herself and Letitia Pierce, minor child of Teddy Joe Pierce, Deceased, Plaintiffs-Appellants, v. COOK & CO., INC., Defendant-Appellee. Stephen ELLENWOOD, a minor under the age of 21 years, who sues by Judson Ellenwood, as next friend, Plaintiff-Appellant, v. COOK & CO., INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided June 24, 1975.

Attorney(s) appearing for the Case

Kent C. Phipps, Phipps, Johnson & Holmes, Ponca City, Okl., for plaintiffs-appellants.

Page Dobson, of Rhodes, Hieronymus, Holloway & Wilson, Oklahoma City, Okl., for defendant-appellee.

Before LEWIS, Chief Judge and BREITENSTEIN, HILL, SETH, HOLLOWAY, McWILLIAMS, BARRETT and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Plaintiffs-appellants have moved for relief under Rule 60(b), F.R.Civ.P., from a judgment of this court. The problem is that the same vehicular accident has produced divergent results in federal and state courts. We grant the motion and remand the case to the district court with directions.

Edwards, the owner and driver of a tractor-trailer combination, was hauling wheat for defendant-appellee Cook. On January 11, 1968, Edwards...

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