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GRAHAM v. OZARK MOUNTAIN SIGHTSEEING, INC.

No. 98-2740.

181 F.3d 924 (1999)

Ross W. GRAHAM; Julie Graham, Plaintiffs-Appellants, v. OZARK MOUNTAIN SIGHTSEEING, INC.; Joe D. Ainsworth; Rudolph E. Smutny, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 28, 1999.

Attorney(s) appearing for the Case

Greg D. Givens, Oklahoma City, Oklahoma, argued (Tom L. Newby and Brian N. Lovell, Enid, Oklahoma, Ben K. Upp and Jason M. Krebs, Springfield, Missouri, on the brief), for appellants.

Jason L. Call, St. Louis, Missouri, argued (Daniel T. Rabbitt, St. Louis, Missouri, on the brief), for appellees.

Before LOKEN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

LOKEN, Circuit Judge.

Juanita Graham was injured in an accident involving an Ozark Mountain Sightseeing bus. She later suffered a heart attack and died. Her surviving husband and daughter, Oklahoma residents Ross and Julie Graham, brought this diversity wrongful death action against Ozark Mountain and the bus drivers. The district court1 granted summary judgment for defendants because the Grahams lacked evidence that the bus accident directly...

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