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BALTIMORE & O. R. CO. v. SAUNDERS

No. 5532.

159 F.2d 481 (1947)

BALTIMORE & O. R. CO. v. SAUNDERS et al.

Circuit Court of Appeals, Fourth Circuit.

January 6, 1947.

Attorney(s) appearing for the Case

W. F. Wunschel, of Charleston, W. Va. (Stanley C. Morris and Steptoe & Johnson, both of Charleston, W. Va., on the brief), for appellant.

Martin C. Bowles, of Charleston, W. Va. (L. F. Poffenbarger, D. L. Salisbury, Watts, Poffenbarger & Bowles, and Salisbury, Hackney & Lopinsky, all of Charleston, W. Va., on the brief), for appellees.

Donald O. Blagg, of Charleston, W. Va. (A. G. Stone and Rummel, Blagg & Stone, all of Charleston, W. Va., on the brief), for United Fuel Gas Co. and M. C. Kirkhart, summoned as third-party defendants.

Before PARKER and DOBIE, Circuit Judges, and CHESNUT, District Judge.

PARKER, Circuit Judge.

This is the second appeal in the crossing accident case against the Baltimore & Ohio Railroad Company, wherein that company sought to implead the United Fuel Gas Company and Kirkhart, the driver of one of its trucks, as third party defendants. We dismissed the first appeal as premature. Baltimore & O. R. Co. v. United Fuel Gas Co., 4 Cir., 154 F.2d 545. The case was tried thereafter before a jury in...

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