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SHELVER v. SIMONSEN

Civ. No. 4819.

369 F.Supp. 4 (1973)

Ted W. SHELVER, Plaintiff, v. Richard T. SIMONSEN and L. G. Doup Company, Defendants.

United States District Court, D. North Dakota, Northeastern Division.

December 17, 1973.

Attorney(s) appearing for the Case

John C. Haugland, Duffy & Haugland, Devils Lake, N. D., for plaintiff.

Patrick W. Fisher, of Shaft, Shaft, McConn & Fisher, Grand Forks, N. D., for Simonsen.

Thomas E. Rutten, of Traynor & Rutten, Devils Lake, N. D., for Doup Co.

MEMORANDUM AND ORDER

VAN SICKLE, District Judge.

This is a diversity case under 28 U.S. C. § 1332, and is a personal injury action arising out of an automobile accident.

This matter came up on a motion for partial summary judgment as to allowable damages.

Plaintiff has alleged in his complaint:

"That as a result of the carelessness and negligence of the defendants in causing the accident and injuries to the plaintiff, the plaintiff...

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