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NEUGEN v. ASSOCIATED CHAUTAUQUA CO.

No. 970.

70 F.2d 605 (1934)

NEUGEN v. ASSOCIATED CHAUTAUQUA CO.

Circuit Court of Appeals, Tenth Circuit.

April 25, 1934.

Attorney(s) appearing for the Case

William Rifkind, of Chicago, Ill. (George E. Gard, of Kansas City, Kan., on the brief), for appellant.

O. B. Eidson, of Topeka, Kan. (T. M. Lillard and Olin D. Buck, both of Topeka, Kan., on the brief), for appellee.

Before LEWIS and BRATTON, Circuit Judges, and KENNEDY, District Judge.

KENNEDY, District Judge.

This is a suit in which the appellant as plaintiff in the court below sought to recover damages on account of alleged negligence growing out of her transportation in an automobile owned by the appellee, defendant in the court below.

Issues were joined upon the plaintiff's amended petition by answer of general denial, alleged assumption of risk and setting up an affirmative defense that the sole remedy available to the plaintiff for...

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