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AMERICAN FAMILY INS. CO. v. DEWALD

Nos. 78-1858, 78-1880.

597 F.2d 1148 (1979)

AMERICAN FAMILY INSURANCE COMPANY, Appellee, v. Vaughn M. DEWALD and Robin R. Dewald, Delano Paczkowski and Candice Paczkowski, Personally and as personal representatives of the Estate of Renee Paczkowski, Appellants. AMERICAN FAMILY INSURANCE COMPANY, Appellee, v. Vaughn M. DEWALD and Robin R. Dewald, Delano Paczkowski and Candice Paczkowski, personally and as personal representatives of the Estate of Renee Paczkowski, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided May 2, 1979.

Attorney(s) appearing for the Case

James R. Jungroth (on brief), Mackenzie & Jungroth, Jamestown, N. D., for appellants.

Russell G. Nerison (on brief), Hjellum, Weiss, Nerison, Jukkala & Vinje, Jamestown, N. D., for appellee.

Before STEPHENSON and HENLEY, Circuit Judges, and MEREDITH, Chief District Judge.

HENLEY, Circuit Judge.

This case arises from the tragic death of nine-month old Renee Paczkowski, the daughter of appellants Delano and Candice Paczkowski. Renee died as a result of being scalded in a bathtub in the home of appellants Vaughn and Robin Dewald. At the time of her fatal injury, Renee was being cared for by Mrs. Dewald under a babysitting arrangement with the Paczkowskis. The Paczkowskis filed suit in North Dakota state court against Robin Dewald for...

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