BETTIN v. NELSON

No. 84-1133.

744 F.2d 53 (1984)

Ronald BETTIN and Joyce Bettin, Co-Administrators of the Estate of Ronald Franklin Bettin, Deceased, Appellants, v. Morris NELSON and Luverne Nelson, Appellees. Ronald BETTIN and Joyce Bettin, Co-Administrators of the Estate of Ronald Franklin Bettin, Deceased, Appellants, v. MORRIS NELSON FARM'S, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 18, 1984.


Attorney(s) appearing for the Case

Steven M. Johnson, Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, S.D., Craig K. Thompson, James A. Johnson Law Offices, Vermillion, S.D., for appellants.

Michael J. Schaffer, Davenport, Evans, Hurwitz & Smith, Sioux Falls, S.D., for appellees.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and FAGG, Circuit Judge.


LAY, Chief Judge.

This appeal arises out of a wrongful death action brought by Ronald and Joyce Bettin, as co-administrators of the estate of Ronald Franklin Bettin, against Luverne and Morris Nelson and Morris Nelson Farm's, Inc. On a motion for summary judgment, the trial court, the Honorable John B. Jones presiding, found that the defendants' mere ownership of allegedly defective equipment was insufficient to create liability for decedent's death. The trial court...

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