THOMAS v. SHELTON

Nos. 83-1666, 83-1951.

740 F.2d 478 (1984)

Tommy Duane THOMAS, Jr. and Marilyn Kay Terrell, his parent and guardian, Plaintiffs-Appellants, and United States of America, Plaintiff-Appellant, v. Gerald SHELTON and Barbara Shelton, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 6, 1984.


Attorney(s) appearing for the Case

Steven K. Robison, Montgomery, Elsner & Pardieck, Seymour, Ind., for plaintiff-appellant.

Janet K. Martin, Orbison, O'Connor, MacGregor & Mattox, New Albany, Ind., for defendants-appellees.

Before ESCHBACH and POSNER, Circuit Judges, and SWYGERT, Senior Circuit Judge.


POSNER, Circuit Judge.

These consolidated appeals present issues of federal removal jurisdiction and Indiana tort law. The Sheltons own a farm. They leased it, and their lessee in turn sublet a house on the farm to the stepfather of Tommy Thomas, age 11. Tommy was seriously injured when he became entangled in a large silage auger on the farm. Joined by his mother, he brought a tort suit in an Indiana state court against the...

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