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AGUILAR v. FLORES

No. 76-1472.

549 F.2d 1161 (1977)

Francisco AGUILAR, Plaintiff-Appellee, v. Santiago FLORES and Elgin Venenga, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 22, 1977.

Attorney(s) appearing for the Case

James W. Crawford, and Tom Riley, Cedar Rapids, Iowa, for appellant.

Bruce L. Walker, Iowa City, Iowa for appellee; William M. Tucker, Iowa City, Iowa, on brief.

Before LAY, ROSS and WEBSTER, Circuit Judges.

LAY, Circuit Judge.

This diversity action arose out of an automobile accident which occurred on a county road near Grundy Center, Iowa. At the trial the federal district court instructed the jury under counts of ordinary negligence and res ipsa loquitur and refused to apply the Iowa guest statute, Iowa Code § 321.494 (1973).1 The plaintiff, Francisco Aguilar, was awarded damages for personal injuries against the defendants Elgin Venenga...

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