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HINTERGARDT v. OPERATORS, INC.

No. 90-6080.

940 F.2d 1386 (1991)

Fred A. HINTERGARDT; Melody Ann Hintergardt, Plaintiffs-Appellants, v. OPERATORS, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 7, 1991.

Attorney(s) appearing for the Case

Roy S. Dickinson, Robert G. Grove, and Cherri Farrar of Robert G. Grove & Associates, Oklahoma City, Okl., for plaintiffs-appellants.

Kenneth R. Webster and Victor F. Albert of McKinney, Stringer & Webster, Oklahoma City, Okl., for defendant-appellee.

Before McKAY and LOGAN, Circuit Judges, and WINDER, District Judge.

LOGAN, Circuit Judge.

This diversity case arises out of a traffic accident between plaintiff Fred A. Hintergardt's truck and defendant Operators Inc.'s truck, which was driven by an Operators' employee. A jury found that Operators' employee was acting outside the scope of his employment. Therefore, the district court entered judgment for Operators. Hintergardt now appeals.1

On the day of the collision, Steven Riley was driving...

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