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NICHOLS v. MARSHALL

Nos. 73-1215, 73-1216.

486 F.2d 791 (1973)

Joan NICHOLS, Administratrix of the Estate of Raymond L. Nichols, Deceased, Plaintiff-Appellee, v. Herbert A. MARSHALL, Administrator of the Estate of Frank W. Frombaugh, Deceased, Defendant-Appellant. Joan NICHOLS, Plaintiff-Appellee, v. Herbert A. MARSHALL, Administrator of the Estate of Frank W. Frombaugh, Deceased, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided November 5, 1973.

Attorney(s) appearing for the Case

Frank Saunders, Jr., Overland Park, Kan., for defendant-appellant.

John E. Shamberg, Kansas City, Kan. (Charles S. Schnider and Lynn R. Johnson, Kansas City, Kan., on the brief), for plaintiff-appellee.

Before CLARK, Associate Justice, LEWIS, Chief Judge, and HILL, Circuit Judge.

HILL, Circuit Judge.

This appeal results from two jury verdicts returned in a diversity action in the United States District Court for Kansas. Three tort actions, each arising as a result of an automobile accident in 1969, were consolidated for trial on the issue of damages only. After the jury returned sizable verdicts on the claims, judgment was entered and defendant now appeals. After reviewing the various claims of error presented by the appellant in these two...

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