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HERRICK v. SAYLER

Civ. Nos. 911, 913.

160 F.Supp. 25 (1958)

Myron HERRICK, v. David Knight SAYLER, Administrator De Bonis Non with the Will Annexed, of the Estate of Helen Knight Sayler, deceased. Doris HERRICK v. David Knight SAYLER, Administrator De Bonis Non with the Will Annexed, of the Estate of Helen Knight Sayler, deceased.

United States District Court N. D. Indiana, Fort Wayne Division.

March 19, 1958.

Attorney(s) appearing for the Case

Wickens & Wickens, Greensburg, Ind., and Kennerk & Dumas, Fort Wayne, Ind., for plaintiffs.

Lee M. Bowers, Huntington, Ind., for defendant.

SWYGERT, Chief Judge.

The legal question presented for determination at pre-trial is whether medical care and hospitalization furnished gratuitously by the United States Government to the plaintiffs, Myron Thomas Herrick and his wife Doris, while the former was a member of the armed forces of the United States, can constitute a part of plaintiffs' measure of damage in the trial of these cases. If the question be answered in the affirmative, the amount in controversy...

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