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BLACKLEDGE v. MARTIN K. EBY CONST. CO., INC.

Nos. 76-1210 to 76-1213.

542 F.2d 474 (1976)

Mildred BLACKLEDGE, Administratrix of the Estates of Barbara A. Blackledge, Brian E. Blackledge, and Dennis D. Blackledge, Deceased, and guardian of Dennis E. Blackledge, minor, Appellant, v. MARTIN K. EBY CONSTRUCTION CO., INC., a corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 28, 1976.

Attorney(s) appearing for the Case

Philip M. Kneifl and Charles O. Forrest, Kneifl, Kneifl & Forrest, Omaha, Neb., for appellant.

Thomas J. Walsh, Walsh, Walentine & Miles, Omaha, Neb., for appellee.

Before LAY, ROSS and WEBSTER, Circuit Judges.

PER CURIAM.

These consolidated appeals, brought by Mildred Blackledge, plaintiff below, arise out of four consolidated diversity actions seeking damages for wrongful death and personal injuries. In each case, judgment was entered upon a jury verdict in favor of the defendant, Martin K. Eby Construction Co. We affirm.

In the early morning hours of June 8, 1974, an automobile driven by Dennis D. Blackledge plunged into an excavation and overturned. The excavation...

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