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HYSELL v. IOWA PUBLIC SERVICE CO.

No. 75-1414.

534 F.2d 775 (1976)

Richard Henry HYSELL and Barbara Hysell, Appellees, v. IOWA PUBLIC SERVICE COMPANY, Appellant, and The City of Sioux City, Iowa, Appellee, v. Thurman SIMPSON and Irving F. Jensen Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 12, 1976.

As Amended on Denial of Rehearing and Rehearing May 28, 1976.

Attorney(s) appearing for the Case

Frank Jacobs, Jacobs, Gaul, Nymann & Green, Sioux City, Iowa, for appellant; Dewie J. Gaul, Sioux City, Iowa, on brief.

Sam W. Masten, Canton, S.D., for appellees, Richard Henry and Barbara Hysell; William E. Kunze, Gleysteen, Harper, Kunze, Eidsmoe & Heidman, Sioux City, Iowa, on brief.

Maurice B. Nieland, Kindig, Beebe, McCluhan, Rawlings & Nieland, Sioux City, Iowa, for appellee, Simpson and Jensen; Robert E. Beebe, Sioux City, Iowa, on brief.

Patrick C. McCormick, Sioux City, Iowa, for appellee, City of Sioux City, Iowa.

Before ROSS, STEPHENSON and WEBSTER, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc May 28, 1976.

WEBSTER, Circuit Judge.

Richard and Barbara Hysell, husband and wife, instituted this diversity action for the recovery of damages for personal injuries from the Iowa Public Service Company (IPS) and the City of Sioux City, Iowa.1 IPS and Sioux City joined the Irving F. Jensen Company and Thurman Simpson, an employee of Jensen Company, as third-party defendants...

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