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ZACHERY v. WHEELER

Nos. CIV-2-79-189, CIV-2-80-6 and CIV-2-80-28.

511 F.Supp. 591 (1981)

James C. ZACHERY et ux., Plaintiffs, v. Peggy WHEELER, etc., Defendant. Clara ZACHERY, etc., Plaintiff and defendant-by-counterclaim, v. Peggy WHEELER, etc., Defendant and plaintiff-by-counterclaim. Peggy WHEELER, etc., Plaintiff and defendant-by-counterclaim, v. Wayne E. PALMER et al., Defendants and plaintiff-by-counterclaim.

United States District Court, E. D. Tennessee.

April 8, 1981.

Attorney(s) appearing for the Case

William W. Hawkins, Kingsport, Tenn. and John F. Davis, Atlanta, Ga., for James C. Zachery et ux.

Wendal D. Jackson, Bristol, Tenn., J. Kenneth Lee, Greensboro, N. C. and Joe A. Tilson, Morristown, Tenn., for Clara Zachery, etc.

Robert D. Arnold, Johnson City, Tenn. and James W. Fletcher, Greeneville, Tenn., for Peggy Wheeler, etc.

Shelby W. Smoot, Kingsport, Tenn., for Wayne E. Palmer et al.

NEESE, District Judge.

These 3 actions, consolidated and tried-together under the Court's jurisdiction based on the diverse citizenships of the respective adversary parties and the amounts respectively in controversy, 28 U.S.C. § 1332(a)(1), (c), arose from a motor vehicular accident involving 2 collisions of 3 vehicles with 3 drivers and 2-guest passengers. 2 of those 3 drivers died from injuries sustained therein; only 1 of the 2 guest-passengers appeared and...

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