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ATLANTIC COAST LINE R. CO. v. SOFFER

No. 13092.

184 F.2d 842 (1950)

ATLANTIC COAST LINE R. CO. v. SOFFER et al.

United States Court of Appeals Fifth Circuit.

October 30, 1950.

Attorney(s) appearing for the Case

S. E. Simmons, St. Petersburg, Fla., for appellant.

A. S. Bradley, Wm. C. Kaleel, St. Petersburg, Fla., for appellees.

Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.

HOLMES, Circuit Judge.

These are consolidated appeals from judgments upon jury verdicts; our jurisdiction rests solely upon diversity of citizenship; and our decision herein is governed by the laws of Florida, since the litigation was the result of a grade-crossing accident that occurred in Florida. The complaint alleged negligence on the part of the defendant; the answer denied the allegation of defendant's negligence, and alleged negligence on the part of the driver...

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