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REYNOLDS v. SOUTHERN RAILWAY COMPANY

Civ. A. No. 11849.

320 F.Supp. 1141 (1969)

Lanira REYNOLDS, as widow and permanent administratrix of the estate of Jack Wilton Reynolds, Jr., deceased, Plaintiff, v. SOUTHERN RAILWAY COMPANY, Defendant and Third-Party Plaintiff, v. Carl F. LARSEN, Jr., d/b/a Southeastern Wood Products Company, Third-Party Defendant.

United States District Court, N. D. Georgia, Atlanta Division.

September 30, 1969.

Attorney(s) appearing for the Case

Paul R. Koehler, Raymond Alhadeff, Atlanta, Ga., for plaintiff.

Greene, Buckley, DeRieux, Moore & Jones, Atlanta, Ga., for Southern Railway.

Ross & Finch, Atlanta, Ga., for Carl F. Larsen, Jr., and Southeastern Wood Products Co.

ORDER

EDENFIELD, District Judge.

This case comes to us on the third-party defendant's motion to dismiss defendant's third-party complaint against it. Decedent, on whose behalf plaintiff sues, was an employee of the defendant allegedly acting within the scope of his employment, at the time he was crushed to death between a boxcar and a retaining wall. Plaintiff alleged negligence by Southern Railway as to its cars, engines, appliances, machinery, track roadbed...

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