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WILSEY-BENNETT TRUCKING COMPANY v. FROST

No. 6199.

275 F.2d 144 (1960)

WILSEY-BENNETT TRUCKING COMPANY, a corporation, Appellant, v. A. W. FROST and M. K. Hall, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 10, 1960.

Attorney(s) appearing for the Case

Russell W. Ruud, Albuquerque, N. M. (McAtee, Toulouse & Marchiondo, and David R. Gallagher, Albuquerque, N. M., were with him on the brief), for appellant.

Harry A. Kiker, Jr., Albuquerque, N. M. (Hartley, Buzzard & Patton, Clovis, N. M., and Smith, Kiker & Kitts, Albuquerque, N. M., were with him on the brief), for appellees.

Before BRATTON, HUXMAN and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

Two semi-trailer trucks collided on a New Mexico highway causing substantial damage to both vehicles. The plaintiff Frost brought this action against the defendants Bryant, Pike and Wilsey-Bennett Trucking Company, alleging that the collision was caused by the concurrent negligence of Bryant who was operating one of the trucks for Pike, and of the driver of a third truck owned by the defendant Wilsey...

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