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ESTATE OF BRUCE v. B. C. D., INC.

Civ. No. 73-7-W.

396 F.Supp. 157 (1975)

ESTATE of Donald BRUCE, Kenneth Bruce, Executor. Plaintiff, v. B. C. D., INC., and Ezra Miller, d/b/a Kalona Motor Leasing, Defendants. B. C. D., INC., and Ezra Miller, d/b/a Kalona Motor Leasing, Third-Party Plaintiffs, v. Earl R. HALL, Third-Party Defendant. Earl R. HALL, Cross-claimant, v. ESTATE of Donald BRUCE, Kenneth Bruce, Executor, Defendant to Cross-claim.

United States District Court, S. D. Iowa, W. D.

Supplemental Order June 11, 1975.

Attorney(s) appearing for the Case

Richard G. Davidson, Clarinda, Iowa, for estate of Donald Bruce.

Joseph M. Bauer, of Connolly & Connolly, Council Bluffs, Iowa, for B.C.D., Inc.

G. William Smits, Jack W. Peters, of Johnson, Stuart, Tinley, Peters & Thorn, Council Bluffs, Iowa, for Ezra Miller, d/b/a Kalona Motor Leasing.

Peter J. Peters, Dennis M. Gray, of Peters, Campbell & Pearson, Council Bluffs, Iowa, for Earl R. Hall.

ORDER

HANSON, Chief Judge.

This Order will address motions for summary judgment filed in this cause by defendants B.C.D., Inc. (BCD) and Ezra Miller, who does business as Kalona Motor Leasing.

This cause of action arose out of a rear-end auto collision in Glenwood, Iowa on February 8, 1972. Plaintiff's pickup truck was struck from the rear by a pickup driven by Earl Hall, who is alleged to be an agent of the defendant BCD.1

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