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MORENO v. STAHMANN FARMS, INC.

No. 80-2252.

693 F.2d 106 (1982)

Arturo R. MORENO, Personal Representative of Oswaldo Moreno, Deceased, Plaintiff-Appellee, v. STAHMANN FARMS, INC., a New Mexico corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 12, 1982.

Attorney(s) appearing for the Case

William W. Bivins of Bivins, Weinbrenner, Richards & Paulowsky, Las Cruces, N.M. (Neil E. Weinbrenner, Las Cruces, N.M., with him on the brief), for defendant-appellant.

Ken Cullen, Albuquerque, N.M. (John Cowan, El Paso, Tex., with him on the brief), for plaintiff-appellee.

Ray R. Regan of Bigbee, Stephenson, Carpenter, Crout & Olmstead, Santa Fe, N.M., on amicus brief for the New Mexico Farm & Livestock Bureau.

Before HOLLOWAY, BREITENSTEIN and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

This is a diversity suit brought by plaintiff Arturo Moreno as personal representative of his deceased minor son Oswaldo. Defendant Stahmann Farms, Inc. appeals from a judgment awarding plaintiff $30,030 in damages for the death of Oswaldo, who drowned in an irrigation ditch near his home, which was provided by defendant on one of its farms. The district court, sitting without a jury, found the defendant...

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