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SOUTHERN PAC. CO. v. McCREADY

No. 6297.

47 F.2d 673 (1931)

SOUTHERN PAC. CO. v. McCREADY et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied April 13, 1931.

Attorney(s) appearing for the Case

W. I. Gilbert, of Los Angeles, Cal., for appellant.

Bertrand J. Wellman, of Los Angeles, Cal., for appellee McCready.

Kidd, Schell & Delamer, of Los Angeles, Cal., for appellee Maryland Casualty Co.

Before RUDKIN, WILBUR, and SAWTELLE, Circuit Judges.

RUDKIN, Circuit Judge.

This case was before this court on a former appeal, where a full statement of the facts as then presented will be found. McCready v. Southern Pac. Co., 26 F.2d 569, 570. After reciting the facts on the former appeal, Judge Dietrich stated the questions for decision as follows:

"The questions for consideration therefore are whether the facts as above recited make a prima facie case of actionable negligence...

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