LEAVITT v. SCOTT

No. 7676.

338 F.2d 749 (1964)

Alfred B. LEAVITT and G. P. Decker, Appellants, v. James Allen SCOTT, by and through his Guardian ad Litem Irma Lee Scott, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 16, 1964.


Attorney(s) appearing for the Case

William K. Ris, Denver, Colo., and Don J. Hanson, Salt Lake City, Utah (Edward M. Garrett, Salt Lake City, Utah, on the brief), for appellants.

Dwight L. King, Salt Lake City, Utah (Gayle Dean Hunt, Salt Lake City, Utah, on the brief), for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and LEWIS, Circuit Judges.


LEWIS, Circuit Judge.

This is a diversity action in which appellee, plaintiff below, was awarded a judgment totalling $93,489.40 for special and general damages found by a jury to have been suffered by him as the result of an automobile accident occurring upon a Utah highway. The determination of amount of damage was the only issue submitted to the jury, the trial court having directed a verdict upon liability. The appellants-defendants raise no appellate question...

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