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CAMPBELL v. PACIFIC FRUIT EXPRESS COMPANY

No. 3274.

148 F.Supp. 209 (1957)

Larue R. CAMPBELL, as an individual; Scott Campbell and Barrie Campbell, both minors, who sue by their guardian ad litem, Larue R. Campbell, Plaintiffs, v. PACIFIC FRUIT EXPRESS COMPANY, a corporation, Defendant.

United States District Court D. Idaho, S. D.

February 4, 1957.

Attorney(s) appearing for the Case

John T. Hawley of Hawley & Hawley, Boise, Idaho, for plaintiffs.

L. H. Anderson, Pocatello, Idaho, for defendant.

TAYLOR, District Judge.

This matter is before the Court on the defendant's motions to dismiss and for a summary judgment. The Court's jurisdiction is based on diversity of citizenship, as the plaintiffs are citizens of Idaho and the defendant is a Utah corporation. 28 U.S.C.A. § 1332.

On December 27, 1955, while E. Carvell Campbell, a salesman for the Denver Fire Clay Company, was inspecting an annealing furnace located on the defendant's premises at...

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