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WESTERN SPRING SERVICE CO. v. ANDREW

Nos. 5107, 5108.

229 F.2d 413 (1956)

WESTERN SPRING SERVICE CO., Inc., a corporation, J. A. Hingley Machine Company, a partnership, J. A. Hingley Machine Company Trust, a business trust, Cecil D. Hingley, Ernest A. Hingley, Josephine M. Hingley, Nell M. Hingley and Alice M. Hingley, Appellants, v. Merrill ANDREW, Appellee. WESTERN SPRING SERVICE CO., Inc., a corporation, J. A. Hingley Machine Company, a partnership, J. A. Hingley Machine Company Trust, a business trust, Cecil D. Hingley, Ernest A. Hingley, Josephine M. Hingley, Nell M. Hingley and Alice M. Hingley, Appellants, v. Catherine ANDREW, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 2, 1956.

Attorney(s) appearing for the Case

Lowell White and H. Berman, Denver, Colo. (Walter A. Steele, Denver, Colo., on the brief), for appellants.

Margaret R. Bates, Denver, Colo. (Yegge, Bates, Hall & Shulenburg, Denver, Colo., on the brief), for appellees.

Before BRATTON, Chief Judge, HUXMAN, Circuit Judge, and CHRISTENSON, District Judge.

HUXMAN, Circuit Judge.

Both of these cases were actions in the United States District Court for the District of Colorado, to recover damages because of personal injuries suffered by the plaintiffs. In Number 5107, appellee, Merrill Andrew, was plaintiff, and in Number 5108, appellee, Catherine Andrew, was plaintiff. The two cases were consolidated for trial in the court below and are likewise consolidated on appeal. Reference to the facts, therefore, will be as though...

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