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MALDONADO v. SOUTHERN PACIFIC TRANSP. CO.

2 CA-CIV 3837.

129 Ariz. 165 (1981)

629 P.2d 1001

Salvador MALDONADO, Plaintiff/Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 13, 1981.

Review Denied June 9, 1981.

Attorney(s) appearing for the Case

Thur & Preston by Calvin C. Thur, Scottsdale, for plaintiff/appellant.

Evans, Kitchel & Jenckes, P.C. by William G. Fairbourn and M. Douglas Petroff-Tobler, Phoenix, for defendant/appellee.

OPINION

HOWARD, Judge.

This appeal arises from the trial court's granting of appellee's motion to dismiss Counts III, IV and V of appellant's complaint.

Briefly, the complaint shows that on August 11, 1977, at approximately 9:20 p.m., appellant, a Mexican citizen, tried to board a Southern Pacific freight train as it was passing through Picacho, Arizona. Four employees of appellee Southern Pacific Transportation Company (Southern), caused a "jerking...

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