PORTERIE, District Judge.
This is an action by members of the Tupper family to recover $3500 as damages to a mausoleum, which plaintiffs allege were caused by a shooting crew of the Continental Oil Company, in April, 1943.
The structure is about 12 feet by 14 feet, with a height of about 20 feet. Its original cost of construction in January, 1938, was $17,000.00. The walls of the mausoleum are of granite slabs, some of which are 11 feet, 4 inches long, 11...
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