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HOROWITZ v. SCHNEIDER NAT., INC.

No. C88-100-J.

708 F.Supp. 1579 (1989)

Irving J. HOROWITZ, as Administrator and Personal Representative of the Estates of Bruce S. Horowitz, Catherine O. Horowitz, and Michael Brandon Horowitz, deceased, for and on behalf of Brian Scott Horowitz, Plaintiff, v. SCHNEIDER NATIONAL, INC., a Nevada corporation; Schneider National Carriers, Inc., a Nevada corporation, Defendants.

United States District Court, D. Wyoming.

March 10, 1989.

Attorney(s) appearing for the Case

Guy, Williams, White & Argeris, Cheyenne, Wyo., for plaintiff.

Branney, Hillyard, Kudla & Lee, Englewood, Colo., Sullivan and Zunker, Cheyenne, Wyo., for defendants.

ORDER DENYING DEFENDANTS' FIRST MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO THE THEORY OF RETAINED CONTROL AND GRANTING THE MOTION AS TO THE MERE INSTRUMENTALITY RULE

JOHNSON, District Judge.

On December 19, 1988, Schneider National, Inc.1 filed a motion for partial summary judgment. On January 9, 1989, plaintiff filed a brief opposing that motion. On January 13, 1989, plaintiff filed...

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