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JARAMILLO v. BURKHART

Nos. 94-2650NE, 94-2651NE.

59 F.3d 78 (1995)

Ruby JARAMILLO, minor; Bienvenida Jaramillo, as legal guardian and next friend, Appellants, v. Joseph G. BURKHART; Olsen Brothers, Inc., Appellees. Cindy JARAMILLO, minor; Bienvenida Jaramillo, as legal guardian and next friend, Appellants, v. Joseph G. BURKHART; Olsen Brothers, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 27, 1995.

Attorney(s) appearing for the Case

Edward F. Fogarty, Omaha, NE, argued, for appellant.

Mark C. Laughlin, Omaha, NE, argued (Robert F. Rossiter, Jr., on brief), for appellee.

Before McMILLIAN, FAGG, and HANSEN, Circuit Judges.

FAGG, Circuit Judge.

Bienvenida Jaramillo appeals the district court's order dismissing these diversity personal injury actions with prejudice. We reverse and remand.

In 1986 Jaramillo's daughter, Carmen, and Carmen's daughters, Cindy and Ruby, were passengers in a car that collided with a truck owned by Olsen Brothers, Inc. and driven by the corporation's employee, Joseph G. Burkhart. As a result of the accident, Carmen died and Cindy and Ruby were injured...

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