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DURANT v. NENEMAN

Nos. 88-1615, 88-1617.

884 F.2d 1350 (1989)

Sandra DURANT, Personally and on Behalf of the Heirs at Law of Charles N. Durant, Deceased, and Sandra Durant, as Administratrix of the Estate of Charles N. Durant, Deceased; and James E. Tassin, Plaintiffs-Appellants, v. James NENEMAN, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 11, 1989.

Attorney(s) appearing for the Case

Steven Hornbaker (Craig J. Altenhofen, with him on the briefs), of Harper, Hornbaker & Altenhofen, Chartered, Junction City, Kan., for plaintiffs-appellants.

Paul Hasty, Jr. (Jeffrey L. Lauersdorf, with him on the brief), of Wallace, Saunders, Austin, Brown & Enochs, Chtd., Overland Park, Kan., for defendant-appellee.

Before LOGAN, MOORE, and EBEL, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

Plaintiffs Sandra Durant and James E. Tassin appeal from an order dismissing their complaints for damages. Ms. Durant, widow of Charles N. Durant, and Mr. Tassin claimed the negligence of defendant James Neneman caused the death of Mr. Durant and injuries to Mr. Tassin. Plaintiffs filed a civil action in the United States District Court for the District of Kansas, asserting diversity jurisdiction.1 Albeit...

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