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ESTATE OF LUTREN v. CHESAPEAKE & O.R.R.

No. 77-1135.

592 F.2d 941 (1979)

The ESTATE OF Stuart LUTREN, Deceased, by Jo Ann F. Lutren, Administratrix, Plaintiff-Appellant, v. CHESAPEAKE AND OHIO RAILROAD, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 20, 1979.

Attorney(s) appearing for the Case

Eugene D. Mossner, Cicinelli, Mossner, Majoros & Alexander, Saginaw, Mich., for plaintiff-appellant.

Robert A. Straub, Southfield, Mich., A. T. Lippert, Jr., Smith & Brooker, Saginaw, Mich., for defendant-appellee.

Before LIVELY, Circuit Judge, and PHILLIPS and PECK, Senior Circuit Judges.

PECK, Senior Circuit Judge.

Plaintiff administratrix brought a wrongful death action against defendant-appellee Chesapeake and Ohio Railroad after her husband, Stuart Lutren, was killed in a train-car collision on September 24, 1971. A jury trial was held in the district court from October 12 to October 19, 1976. Although the evidence presented at trial was relatively simple and nontechnical in nature, the jury deliberated for approximately two days before returning...

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