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WEBER v. TOWNER CTY.

No. 76-2109.

565 F.2d 1001 (1977)

Merlyn WEBER, Scott Weber, by his next friend, Merlyn Weber, Jay Weber, by his next friend, Merlyn Weber, and Todd Weber, by his next friend, Merlyn Weber, Appellants, v. TOWNER COUNTY, a public corporation, and Gerrard Township, a public corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 10, 1977.

Attorney(s) appearing for the Case

Mary Jeanne Coyne, Minneapolis, Minn. (argued) for appellants; John Hjellum, Jamestown, N. D. and Ralph E. Koenig, Minneapolis, Minn., on brief.

Thomas L. Zimney, Grand Forks, N. D., (argued) for appellees; Edward C. Gillig, Grand Forks, N. D., on brief.

James R. Britton, Cando, N. D. (argued) for Gerrard Township.

Before BRIGHT, ROSS and HENLEY, Circuit Judges.

HENLEY, Circuit Judge.

This diversity action was brought by a Montana plaintiff for himself and as next friend to his three minor sons against Gerrard Township and Towner County, North Dakota, to recover damages for personal injuries sustained when plaintiff's converted school bus camper ran into a washout on a township road in Gerrard Township, Towner County, North Dakota, at about 3:15 a. m. on June 8, 1974. The district court1 entered...

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