PINE, District Judge.
In this case, Otto Zahn was injured when he was struck by a truck owned by John P. J. Duhn, trading as the American Plant Food Company. He sued Duhn and Douglas A. Jones for damages, claiming that Jones was the operator of the truck. His wife joined, claiming loss of consortium. Duhn answered, making a general denial. Before the case came on for trial, Duhn died, and the action
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