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AUBERTIN v. BOARD OF CTY. COM'RS OF WOODSON CTY.

No. 77-1358.

588 F.2d 781 (1978)

Anthony AUBERTIN, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF WOODSON COUNTY, KANSAS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided December 7, 1978.

Attorney(s) appearing for the Case

Donald E. Shelton, Ann Arbor, Mich. (Forsythe, Campbell, Vanderberg, Clevenger & Bishop, P. C., Ann Arbor, Mich., and James P. Nordstrom of Fisher, Patterson, Sayler & Smith, Topeka, Kan., on the brief), for plaintiff-appellant.

Jerry W. Hannah, Topeka, Kan. (Hannah & Worden, Topeka, Kan., and Robert W. Manske, Yates Center, Kan., on the brief), for defendant-appellee.

Before McWILLIAMS, McKAY and LOGAN, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is a tort action with jurisdiction based on diversity. Anthony Aubertin, a resident and citizen of the State of Michigan, sustained serious personal injuries when a truck he was driving struck and knocked over the hand rail on a county bridge in Kansas and plunged into the stream below. The bridge in question was maintained by the Board of County Commissioners of Woodson County. Based on this...

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