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SCOVILLE v. MISSOURI PACIFIC RAILROAD COMPANY

Nos. 71-1129, 71-1130.

458 F.2d 639 (1972)

Mary Ellen SCOVILLE, Administratrix of the Estate of Thomas W. Scoville, Jr., Deceased, Appellee, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellant. Robert KING, Administrator of the Estate of Angela King, Deceased, Appellee, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 12, 1972.

Attorney(s) appearing for the Case

Boyce Love, Little Rock, Ark., W. J. Smith, Little Rock, Ark., for appellant.

Henry Woods, Little Rock, Ark., Sidney S. McMath, H. Allen Dishongh, Little Rock, Ark., for appellees.

Before LAY, HEANEY and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

Thomas W. Scoville, Jr., age 18, and Angela King, age 8, were killed when a Volkswagen automobile driven by Thomas, in which Angela was a passenger, was struck by the left front portion of a diesel locomotive owned and operated by the Missouri Pacific Railroad Company. The Scoville and King families instituted separate diversity actions in the United States District Court for the Eastern District of Arkansas seeking to recover damages for...

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