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SAKAMOTO v. N.A.B. TRUCKING CO., INC.

No. 82-5452.

717 F.2d 1000 (1983)

Yasuko N. SAKAMOTO, Administratrix of the Estate of Henry H. Sakamoto, for the Benefit of Yasuko N. Sakamoto, Next Friend and Mother of Taro Sakamoto, a Minor, and Hanako Sakamoto, a Minor, Plaintiffs-Appellees, v. N.A.B. TRUCKING CO., INC., and John A. Walkup, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 27, 1983.

Rehearing Denied November 2, 1983.

Attorney(s) appearing for the Case

Samuel R. Anderson (argued), Luther, Anderson, Cleary & Ruth, Kenneth R. Starr, Chattanooga, Tenn., for defendants-appellants.

Flossie Weill, Harry Weill (argued), Weill, Ellis, Weems & Copeland, Chattanooga, Tenn., for plaintiffs-appellees.

Before EDWARDS, Chief Judge, ENGEL, Circuit Judge, and BERTELSMAN, District Judge.

BERTELSMAN, District Judge.

This is a diversity wrongful death action arising out of an automobile-truck accident on Interstate Highway 75 in the State of Tennessee.

The following facts were stipulated:

On September 28, 1978, defendant John A. Walkup,** an employee of defendant N.A.B. Trucking Co., Inc. (N.A.B.), was driving a loaded tractor-trailer from Columbus, Ohio, to Jacksonville, Florida. Near Knoxville, Tennessee...

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