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MISSOURI PACIFIC RAILROAD COMPANY v. FOWLER,

No. 28591.

427 F.2d 1365 (1970)

MISSOURI PACIFIC RAILROAD COMPANY, Plaintiff-Appellant, v. J. E. FOWLER, Jr., et al., Defendants-Appellees. Mrs. Vida Lee McFARLAIN, Individually, et al., Plaintiffs-Appellees, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 11, 1970.

Attorney(s) appearing for the Case

Everett R. Scott, Jr., Kaufman, Anderson, Leithead, Scott & Boudreau, Lake Charles, La., for appellant.

Timothy J. McNamara, Lafayette, La., John W. Hebert, Jennings, La., Davidson, Meaux, Onebane & Donohoe, Lafayette, La., for appellees.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

PER CURIAM:

This diversity case originated as a personal injury action growing out of a collision between a train and a truck. Mr. Eldridge McFarlain was killed when the truck he was driving collided with a Missouri Pacific Railroad train at a crossing near Crowley, Louisiana. The railroad brought an action for damages to its rolling stock and the cargo. The widow and minor children of Mr. McFarlain instituted suit for their losses resulting from his death in the...

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