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ESTATE OF FITZPATRICK v. BREHM

Civ. No. 84-3007.

580 F.Supp. 731 (1984)

The ESTATE OF Joseph T. FITZPATRICK, Deceased, By His Personal Representative, Marion Fitzpatrick; and Marion Fitzpatrick, Individually, Plaintiffs, v. Steven BREHM and Jane Brehm, His Wife, d/b/a Harbour Lights Resort; Fred Polich, d/b/a Fred's Trout Fishing Unlimited Guide Service; Curt Morris; and Henry Cook, d/b/a Wildcat Shoals Resort, Defendants.

United States District Court, W.D. Arkansas, Harrison Division.

February 22, 1984.

Attorney(s) appearing for the Case

Van A. Gearhart, Poynter, Huckaba & Gearhart, Mountain Home, Ark., and Charles I. Scudder, Omaha, Neb., for plaintiffs.

James Mel Sayes, Tom Forest Lovett, P.A., Little Rock, Ark., for defendants, Steven Brehm and Jane Brehm.

David L. Osmon, Osmon & Wilber, Mountain Home, Ark., for defendant, Fred Polich.

Roy E. Danuser, Mountain Home, Ark., for defendant, Curt Morris.

Sidney P. Davis, Davis, Cox & Wright, Fayetteville, Ark., for defendant, Henry Cook.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

This is an action in which the estate of Joseph T. Fitzpatrick and his surviving widow seek damages from the defendants as the result of the drowning of Mr. Fitzpatrick while on a float fishing trip on the White River near Cotter, Arkansas. It is alleged in the complaint that plaintiff, Marion Fitzpatrick, the widow of the deceased, and his personal representative, is a resident of Omaha, Nebraska, and...

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