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CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY v. McFARLIN

No. 7650.

336 F.2d 1 (1964)

CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a corporation, Appellant, v. Claudine McFARLIN and Leonard McFarlin, Appellees.

United States Court of Appeals Tenth Circuit.

August 28, 1964.

Attorney(s) appearing for the Case

Robert J. Seller and Jack Whorton, of Shipley, Seller & Whorton, Alamogordo, N. M., for appellant.

Emmett Hart, of Hart & Brockman, Tucumcari, N. M., for appellees.

Before MURRAH, Chief Judge, and PICKETT and HILL, Circuit Judges.

PICKETT, Circuit Judge.

This is a railroad crossing accident case brought by Claudine McFarlin and her husband, Leonard, to recover damages for injuries sustained by Mrs. McFarlin resulting from a collision between an automobile which she was driving, and a Chicago, Rock Island and Pacific Railroad train. The railroad appeals from a judgment in favor of the McFarlins. The determinative question is whether, under New Mexico...

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