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HYSELL v. IOWA PUBLIC SERV. CO.

Nos. 76-1744, 76-1847 and 76-1863.

559 F.2d 468 (1977)

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

United States Court of Appeals, Eighth Circuit.

Decided July 12, 1977.

Attorney(s) appearing for the Case

Frank Jacobs (argued), and Dewie J. Gaul, Jacobs, Gaul, Nymann & Green, Sioux City, Iowa, on brief, for Iowa Public Service Co.

Maurice B. Nieland (argued), and Robert E. Beebe and Kindig, Beebe, McCluhan, Rawlings & Nieland, Sioux City, Iowa, on brief, for Thurman Simpson.

William E. Kunze (argued), Gleysteen, Harper, Kunze, Eidsmoe & Heidman, Sioux City, Iowa, and Sam W. Masten, Canton, S.D., on brief, for appellee, Richard Henry Hysell.

Patrick C. McCormick, Sioux City, Iowa, made rebuttal and on brief, for City of Sioux City, Iowa.

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

WEBSTER, Circuit Judge.

In this second appeal from a diversity personal injury action, we review only the contention of appellants that the $1,500,000 in damages awarded to the plaintiff Richard Hysell was excessive.

Hysell, a construction worker on a road project in Sioux City, Iowa, sustained injuries on May 18, 1973, when he came in contact with a boom truck which was touching a high voltage power line. The case...

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