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GREYHOUND LINES v. LEXINGTON STATE BANK & TRUST

No. 79-1085.

604 F.2d 1151 (1979)

GREYHOUND LINES, INC., Appellee, v. LEXINGTON STATE BANK AND TRUST CO., Special Administrator of the Estate of Nickolas D. Ourada and Personal Representative of the Estate of Nickolas Dean Ourada, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 11, 1979.

Rehearing and Rehearing October 3, 1979.

Attorney(s) appearing for the Case

Thomas A. Grennan, Eugene Welch, Gross, Welch, Vinardi, Kauffman, Day & Langdon, Omaha, Neb., for appellant.

David S. Houghton, Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, Omaha, Neb., for appellee; Lyle E. Strom, Omaha, Neb., on the brief.

Before HEANEY and STEPHENSON, Circuit Judges, and MARKEY, Chief Judge.

Rehearing and Rehearing En Banc October 3, 1979.

STEPHENSON, Circuit Judge.

This diversity tort action arose out of a collision near Kearney, Nebraska, on December 17, 1975, between a bus owned by plaintiff-appellee, Greyhound Lines, Inc., and a pickup truck driven by defendant's decedent, Nickolas Dean Ourada. Greyhound Lines, Inc. (Greyhound) is a California corporation, and the Lexington State Bank and Trust Co. (the Bank), subsequently appointed Special...

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