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GROSS v. SOUTHERN RAILWAY COMPANY

No. 26650.

414 F.2d 292 (1969)

Barbara R. GROSS, Plaintiff-Appellant, v. SOUTHERN RAILWAY COMPANY, Defendant-Appellee. Nancy Ruth CANIPELLI, Plaintiff-Appellant, v. SOUTHERN RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

May 30, 1969.

Attorney(s) appearing for the Case

H. T. O'Neal, Jr., Robert S. Slocumb, Manley F. Brown, Adams, O'Neal, Steele, Thornton & Hemingway, Macon, Ga., for appellants.

John B. Harris, Jr., Joseph H. Davis, Joseph H. Chambless, Macon, Ga., for appellee; Harris, Russell D. Watkins, Macon, Ga., of counsel.

Before COLEMAN and GOLDBERG, Circuit Judges, and SKELTON, Judge of the Court of Claims.

SKELTON, Judge:

The present litigation involves two damage suits growing out of a collision between an automobile and a freight train at a railroad crossing which resulted in the death of one person and serious injuries to the other. The cases were consolidated for the purpose of trial. After a pretrial hearing, the trial court granted defendant's motions for summary judgment and the plaintiffs have jointly appealed to this court from the judgment of the trial court...

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