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McCARTHY v. BRUNER

No. 41.

323 U.S. 673 (1944)

McCARTHY ET AL., TRUSTEES OF THE DENVER & RIO GRANDE WESTERN RAILROAD CO., ET AL. v. BRUNER.

Supreme Court of United States.

Decided November 13, 1944.

Attorney(s) appearing for the Case

Mr. W.Q. Van Cott, with whom Mr. P.T. Farnsworth, Jr. was on the brief, for petitioners. Mr. Parnell Black, with whom Messrs. Calvin W. Rawlings and Harold E. Wallace were on the brief, for respondent.

Per Curiam.

In this case, certiorari was granted upon a petition which urged that the Utah Supreme Court erred in affirming a judgment for the respondent upon the ground that a verdict could have been directed for respondent upon the issues of negligence and contributory negligence. On oral argument and submission, it appears that these contentions are not decisive of the case, since the issues of negligence and contributory negligence were in fact submitted to the...

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