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WEAVER v. BLAKE

Nos. 03-1398, 03-1436.

454 F.3d 1087 (2006)

Donald K. WEAVER and Verda Weaver, Plaintiffs-Appellants and Cross-Appellees, v. Rodney BLAKE, as next friend and guardian of Chase Blake, a minor, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

July 11, 2006.

Attorney(s) appearing for the Case

Timothy Gill Buxton (James E. Puga and Timms R. Fowler, with him on the briefs), of Leventhal, Brown & Puga, P.C., Denver, Colorado, for Plaintiffs-Appellants and Cross-Appellees.

Wendelyn K. Walberg (Deana R. Dagner with her on the briefs), of Walberg, Dagner & Tucker, P.C., Denver, Colorado, for Defendant-Appellee and Cross-Appellant.

Before KELLY and MURPHY, Circuit Judges, and ARMIJO, District Judge.

ARMIJO, District Judge.

This appeal arises from a motor-vehicle collision between Defendant Chase Blake (minor son of Defendant Rodney Blake) and Plaintiff Donald K. Weaver (spouse of Plaintiff Verda Weaver) as they drove in opposite directions on a dusty, unpaved farming road in Washington County, Colorado. Asserting jurisdiction under 28 U.S.C. § 1332 based on diversity of citizenship, Plaintiffs filed a civil action in the United States District Court for...

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