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ZOLLMAN v. SYMINGTON WAYNE CORPORATION

No. 17991.

438 F.2d 28 (1971)

Kenneth L. ZOLLMAN, Plaintiff-Appellee, v. SYMINGTON WAYNE CORPORATION, a Corporation; and Globe Hoist Company, a Corporation, Defendants-Appellants. Howard F. LEISURE, Plaintiff-Appellee, v. SYMINGTON WAYNE CORPORATION, a Corporation; and Globe Hoist Company, a Corporation, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied February 25, 1971.

Attorney(s) appearing for the Case

James J. Stewart, Terence L. Eads, Indianapolis, Ind., for defendants-appellants; Stewart, Irwin, Gilliom, Fuller & Meyer, Indianapolis, Ind., of counsel.

Joseph A. Noel, Floyd F. Cook, Kokomo, Ind., for plaintiffs-appellees; Cook & Cook, Noel, Noel & Williams, Kokomo, Ind., of counsel.

Before SWYGERT, Chief Judge, DUFFY, Senior Circuit Judge, and KERNER, Circuit Judge.

SWYGERT, Chief Judge.

This is an appeal in a diversity action in which the plaintiffs, Kenneth L. Zollman and Howard F. Leisure, were awarded damages for personal injuries against Symington Wayne Corporation and Globe Hoist Company, a division of Symington Wayne. The suit arose out of an accident in Kokomo, Indiana, on September 25, 1965 in the B & Z Muffler Shop owned and operated by plaintiff Zollman.

Both plaintiffs were seriously injured when a car...

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