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KEENER v. MORGAN

No. 79-1640.

647 F.2d 691 (1981)

Dena Renee KEENER, a minor, deceased, by father and next of kin Michael L. Keener; and Michael L. Keener, individually, Plaintiffs-Appellants, v. Doyle MORGAN and Michael D. Allen, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 29, 1981.

Attorney(s) appearing for the Case

J. D. Lee, Lee Legal Clinic, Madisonville, Tenn., William W. Keith, III, Chatsworth, Ga., Ronald D. Major, Cincinnati, Ohio, for plaintiffs-appellants.

F. Michael Fitzpatrick, Arnett, Draper & Hagood, Knoxville, Tenn., for defendants-appellees.

Before LIVELY and KEITH, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PER CURIAM.

This is a motor vehicle accident case filed pursuant to the Tennessee wrongful death statute.1

Jurisdiction is based upon diversity of citizenship. Tennessee law controls. Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938).

Plaintiff Michael L. Keener was driving his van northbound on interstate highway...

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