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DAVIS v. OBERHOLTZER

No. 78-1088.

588 F.2d 243 (1978)

F. Ruth DAVIS, Trustee for the heirs of Eldon W. Davis, Decedent, Appellant, v. Gale O. OBERHOLTZER and Big Stone Cheese Factory, a South Dakota Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 29, 1978.

Attorney(s) appearing for the Case

Kent Charpentier of Jardine, Logan & O'Brien, St. Paul, Minn. (argued), and Gerald M. Linnihan, St. Paul, Minn., on brief, for appellant.

Duane E. Arndt of Van Eps & Gilmore, Minneapolis, Minn., argued and on brief, for appellees. Duane E. Arndt, Minneapolis, Minn., also filed brief.

Before LAY, ROSS and McMILLIAN, Circuit Judges.

ROSS, Circuit Judge.

This diversity action arising out of a motor vehicle collision on July 24, 1973, was brought by F. Ruth Davis as trustee for the heirs of Eldon W. Davis. Plaintiff appeals from the district court's1 judgment entered on a jury verdict in favor of defendants, Gale O. Oberholtzer and the Big Stone Cheese Factory. We affirm.

The accident occurred shortly after midnight on Highway 212, just west of the Crystal Lite...

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