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GUST v. JONES

Nos. 97-3059, 97-3067.

162 F.3d 587 (1998)

Emery Duane GUST and Dennie G. Dighera, Plaintiffs-Appellees, v. Jeffrey S. JONES and Willis Shaw Frozen Food Express, Inc., Defendants-Appellants. Emery Duane Gust, Plaintiff-Appellee, and Dennie G. DIGHERA, Plaintiff-Appellant, v. Jeffrey S. JONES and Willis Shaw Frozen Food Express, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 12, 1998.

Attorney(s) appearing for the Case

James R. Jarrow (Robert M. Carroll with him on the briefs) of Baker, Sterchi, Cowden & Rice, L.L.C., Overland Park, Kansas, for Defendants-Appellants Jeffrey S. Jones and Willis Shaw Frozen Food Express, Inc.

Craig Kennedy of Johnson, Kennedy, Dahl & Willis, Wichita, Kansas, for Defendant-Appellee/Cross-Appellant Dennie G. Dighera.

Robert S. Jones (Robert A. Martin with him on the brief) of Norton, Wasserman, Jones & Kelly, Salina, Kansas, for Plaintiff-Appellee Emery Duane Gust.

Before PORFILIO, McKAY, and TACHA, Circuit Judges.

McKAY, Circuit Judge.

On December 3, 1993, two vehicles collided near the intersection of Kansas Highway 75 and Interstate 35 in Coffey County, Kansas. The accident involved a tractor-trailer driven by Defendant Jeffrey Jones within the scope of his employment by Defendant Willis Shaw Frozen Foods Express, Inc., and a pickup truck driven by Plaintiff/Cross-Defendant Dennie Dighera. Plaintiff Emery Gust was a passenger in the truck operated by Mr. Dighera. The accident...

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