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CLARKE v. BURKLE

Nos. 77-1205 and 77-1206.

570 F.2d 824 (1978)

William CLARKE, Jr., by and through William Clarke, Sr., his father and next friend, Appellant, v. George A. BURKLE, Appellee. William CLARKE, Jr., by and through John T. Carpenter, his attorney and next friend, Appellant, v. VOLKSWAGEN OF AMERICA, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 21, 1978.

Attorney(s) appearing for the Case

Martin A. Cannon, Omaha, Neb. (argued), and Raymond Pogge, Council Bluffs, Iowa, on brief, for appellant.

Philip Willson (argued), Smith, Peterson, Beckman & Willson, Council Bluffs, Iowa, on brief, for appellee.

Before HEANEY, WEBSTER and HENLEY, Circuit Judges.

HENLEY, Circuit Judge.

We have before us consolidated appeals in two separate cases commenced by the same plaintiff in the United States District Court for the Southern District of Iowa; both cases arose out of an automobile accident that occurred in Iowa in 1968 and as a result of which plaintiff sustained injuries that have resulted in his total and permanent disability. Both suits were prosecuted on behalf of plaintiff by next friends. Jurisdiction of the district...

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