ESTATE OF KUBA BY KUBA v. RISTOW TRUCKING CO., INC.

No. S 84-401.

660 F.Supp. 1069 (1986)

In re the ESTATE OF Earnest KUBA, by its Executrix, Evelyn C. KUBA, Plaintiff, v. RISTOW TRUCKING COMPANY, INC.; Wilmer Ristow, d/b/a Ristow Trucking, Defendants.

United States District Court, N.D. Indiana, South Bend Division.

May 30, 1986.


Attorney(s) appearing for the Case

William B. Balyeat, Lima, Ohio, Sherrill William Colvin, John O. Feighner, Fort Wayne, Ind., for plaintiff.

William F. McNagny, Charles W. McNagny, Fort Wayne, Ind., for defendants.


MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

This case is a wrongful death case tried under the substantive law of the State of Indiana and based on diversity of citizenship jurisdiction under Title 28 U.S.C. § 1332.

On April 11, 1986 a verdict was returned in favor of the plaintiff in the sum of $250,000.00 and judgment was entered thereon. On April 21, 1986 the plaintiff filed a motion for a new trial or in the alternative a motion to alter...

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