Rexall Drug Company v. Nihill

276 F.2d 637 REXALL DRUG COMPANY, a corporation, and Arnold L. Lewis, doing business as Studio Cosmetics Company, Appellants, v. Sandra Mae NIHILL, a Minor, by Her Father and Guardian, John Nihill, Appellee. No. 16282. United States Court of Appeals Ninth Circuit. March 3, 1960. Rehearing Denied April 25, 1960. Spray, Gould & Bowers, Reed, Callaway, Kirtland & Packard, Henry E. Kappler, Los Angeles, Cal., for appellants. Lanier, Lanier & Knox, P. W. Lanier, Jr., Fargo, N. D., for appellee. Before CHAMBERS, BARNES and JERTBERG, Circuit Judges. JERTBERG, Circuit Judge. 1 Appellants appeal from a judgment in damages for personal injury against them in the sum of $48,000 entered in favor of appellee, Sandra Mae Nihill, a minor, following a jury verdict. 2 Jurisdiction was vested in the district court under the provisions of Title 28 U.S.C.A. § 1332 , by reason of diversity of citizenship. The appellee is a citizen of the State of North Dakota. The appellant, Arnold L. Lewis, doing business as Studio Cosmetics Company, is a citizen and resident of the State of California, and the appellant Rexall Drug Company, a corporation, is a corporation organized under the laws of…