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ROSITER v. BOB TOOMEY TRUCK LEASING, INC.

No. 76-1561.

567 F.2d 938 (1977)

Mary M. ROSITER, Administratrix of the Estate of Harold LeRoy Rositer, Deceased, Individually, and on behalf of the surviving children of Harold LeRoy Rositer, Deceased, Plaintiffs-Appellees, Arline Rositer, mother and natural guardian of Sheree Rositer and Joel Rositer, minor children of Harold LeRoy Rositer, Deceased, Intervenor-Plaintiff-Appellee, v. BOB TOOMEY TRUCK LEASING, INC., a Pennsylvania Corporation, and Robert N. Toomey, Individually, d/b/a Robert N. Toomey Trucking Company and Charles K. Slenker, Pennsylvania Citizens, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided December 16, 1977.

Attorney(s) appearing for the Case

Ben T. Lampkin, Oklahoma City, Okl. (Joe G. Wolfe, Oklahoma City, Okl., on brief), of Lampkin, Wolfe, Burger, McCaffrey & Norman, Oklahoma City, Okl., for plaintiff-appellee Mary M. Rositer.

William C. Bowlby of Fagin, Hewett, Mathews & Fagin, Oklahoma City, Okl., for intervening plaintiff-appellee Arline Rositer.

Dale Reneau of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., for defendants-appellants.

Before McWILLIAMS, BREITENSTEIN and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Bob Toomey Truck Leasing, Inc., et al., (Toomeys) appeal from judgments awarded against them in a wrongful death action following trial to a jury. Jurisdiction vests by reason of diversity.

Harold Leroy Rositer (Harold), decedent, was employed as an over-the-road truck driver with Lee Way Motor Freight. At the time of his death Harold was 53 years of age, earning $25,000 annually. The claims filed herein arose as the result of a highway...

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