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RODRIGUEZ v. AGER

No. 81-1261.

705 F.2d 1229 (1983)

Donna RODRIGUEZ, Personal Representative of the Estate of Salvador J. Rodriguez, and Marianne Devich, Personal Representative of the Estate of Michelle Devich, Melissa Devich and Randy Rodriguez, Appellants, v. John Let AGER, David Ager and Sammons Trucking Company, Inc., a Montana corporation.

United States Court of Appeals, Tenth Circuit.

January 10, 1983.

Attorney(s) appearing for the Case

Michael G. Sawaya, Frye & Sawaya, P.C., Denver, Colo. (Richard B. Rose, Frye & Sawaya, P.C., Denver, Colo., with him on the brief), for appellants.

Richard R. Bostwick, Murane & Bostwick, Casper, Wyo. (David A. Scott, Murane & Bostwick, Casper, Wyo., with him on the brief), for appellees.

Before HOLLOWAY, DOYLE and SEYMOUR, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This case involves a collision of a semitractor-trailer truck with an automobile which was driven by Salvador Rodriquez. Rodriguez and three of his children and those of Mrs. Devitch, his wife, were killed. It was a head-on collision which resulted from an effort on the part of the truck driver to pass a vehicle on his side of the road. It was going in an opposite direction from Rodriguez' vehicle and as the truck turned out to pass...

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