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BEN GAY, INC. v. GIESBRECHT

No. 82-2429.

720 F.2d 1003 (1983)

BEN GAY, INC., A Colorado Corporation, Appellant, v. Ella Irene GIESBRECHT, Appellee, William L. Giesbrecht.

United States Court of Appeals, Eighth Circuit.

Decided November 18, 1983.

Attorney(s) appearing for the Case

Gary L. Scritsmier and Royce E. Norman of Kelley, Wallace, Scritsmier, Moore & Byrne, P.C., North Platte, Neb., for appellee, Ella Irene Giesbrecht.

Allen J. Kincaid, Brush, Colo., for appellant.

Before LAY, Chief Judge, and ROSS and McMILLIAN, Circuit Judges.

PER CURIAM.

This tort action was brought in the district court,1 basing jurisdiction on diversity of citizenship and the fact that the amount in controversy exceeded $10,000. The plaintiff, Ben Gay, Inc., alleged that the damage to its vehicle was the result of Ella Irene Giesbrecht's negligence. The defendant, Mrs. Giesbrecht, counterclaimed seeking recovery for the damage to her truck which she alleged was caused by the negligence of...

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