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ARTHUR v. ARTHUR

No. 82-1017.

684 F.2d 558 (1982)

Craig E. ARTHUR, Appellant, v. Traci K. ARTHUR and her father, Charles E. Arthur, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 20, 1982.

Attorney(s) appearing for the Case

Robert P. Chaloupka of Van Steenberg, Brower, Chaloupka, Mullin & Holyoke, Scottsbluff, Neb., for appellant, Craig Arthur.

Gary L. Scritsmier of Kelley, Wallace, Scritsmier, Moore, Romatzke & Byrne, P. C., North Platte, Neb., for appellee, Traci K. Arthur.

Before LAY, Chief Judge, FAIRCHILD, Senior Circuit Judge, and BRIGHT, Circuit Judge.

PER CURIAM.

Craig Arthur appeals the trial court's refusal to submit to the jury the issue of gross negligence under the then existing Nebraska guest statute1 in his personal injury action. We reverse and remand the case to the district court for retrial.

Facts.

On the evening of August 21, 1979, Traci Arthur, her cousins, Craig Arthur and Deanne Reed, and another teenager were riding in a car Traci's father had...

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