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BROWN v. POLAND

Nos. 7292, 7293.

325 F.2d 984 (1963)

Clarence B. BROWN, Appellant, v. Charles Everett POLAND and Ed. J. Edwards, Appellees. Charles Everett POLAND and Ed. J. Edwards, Appellants, v. Clarence B. BROWN, Appellee.

United States Court of Appeals Tenth Circuit.

December 26, 1963.

Attorney(s) appearing for the Case

William R. Smith, Wichita, Kan. (James W. Putnam, Richard Mankin, Emporia, Kan., A. W. Hershberger, Richard Jones, Wm. P. Thompson, H. E. Jones, Jerome E. Jones, and Robert J. Roth, Wichita, Kan., on the brief), for appellant in No. 7292 and appellee in No. 7293.

Richard C. Hite, Wichita, Kan., (W. A. Kahrs, Robert H. Nelson, H. W. Fanning, and Darrell D. Kellogg, Wichita, Kan., on the brief), for appellees in No. 7292 and appellants in No. 7293.

Before PICKETT, LEWIS and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

We have here an appeal and a cross-appeal from a judgment for the defendants, appellees Poland and Edwards, entered on a jury verdict in an action brought by plaintiff-appellant Brown to recover for property damage, personal injuries, and the death of his wife in a Kansas truck-automobile, rear-end collision. Jurisdiction is based on diversity. The parties will be referred to as they appeared below.

We first consider No. 7292....

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