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HARRIS v. ILLINOIS-CALIFORNIA EXPRESS, INC.

Nos. 81-1531, 81-2496.

687 F.2d 1361 (1982)

Kimberly HARRIS, Individually, and as Personal Representative of the Estate of Donnie L. Harris, Deceased, and Sherry L. Harden, Plaintiffs-Appellees, v. ILLINOIS-CALIFORNIA EXPRESS, INC., Transport Indemnity Company, Frank H. Williams, Sam Tanksley Trucking, Inc., Excalibur Insurance Company, Ronald W. Head, Defendants-Appellants, and William D. Harden, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 3, 1982.

Attorney(s) appearing for the Case

Joseph Goldberg and William H. Carpenter, Albuquerque, N. M. (Bette R. Velarde, Albuquerque, N. M., and John G. Yantis of Lusk, Yantis, Mahn & Carter, Chattanooga, Tenn., with them on the brief), for plaintiff-appellee Kimberly Harris.

George Foster Hannett, of Hannett, Hannett & Cornish, Albuquerque, N. M. (George J. Hopkins, of Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, N. M., with him on the brief), for plaintiff-appellee Sherry L. Harden and defendant-appellee William D. Harden.

Kathleen Davison Lebeck and Richard C. Civerolo of Civerolo, Hansen & Wolf, Albuquerque, N. M., for defendants-appellants Illinois-California Express, Inc., Transport Indemnity Company and Frank H. Williams.

LeRoi Farlow of Farlow, Simone & Roberts, Albuquerque, N. M., for defendants-appellants Sam Tanksley Trucking, Inc., Excalibur Ins. Co. and Ronald W. Head.

Before BARRETT, BREITENSTEIN and LOGAN, Circuit Judges.

BARRETT, Circuit Judge.

These appeals are taken by defendants in the trial court against whom jury verdicts were returned and judgments entered thereon for damages incurred as a result of a three vehicle accident which occurred near Clines Corners, New Mexico, on January 29, 1979. The direct appeal is No. 81-1531. The appeal from the trial court's denial of a motion for new trial is No. 81-2496. The appeals were consolidated.

The action was filed on August...

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