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CHICAGO, ROCK ISLAND & P. R. CO. v. CONSUMERS COOP. ASS'N

Nos. 3965, 3966.

180 F.2d 900 (1950)

CHICAGO, ROCK ISLAND & PACIFIC R. CO. et al. v. CONSUMERS COOPERATIVE ASSOCIATION. CONSUMERS COOPERATIVE ASSOCIATION v. CHICAGO, ROCK ISLAND & PACIFIC R. CO. et al.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 14, 1950.

Attorney(s) appearing for the Case

John E. DuMars, Topeka, Kan. (Clayton M. Davis and Mark L. Bennett, Topeka, Kan., on the briefs), for Chicago R. I. & P. R. Co. and others.

Irwin Snattinger, Topeka, Kan., and Sam Mandell, Kansas City, Mo. (Popham, Thompson, Popham, Mandell & Trusty, Kansas City, Mo., on the brief), for Consumers Cooperative Assn.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

Chicago, Rock Island and Pacific Railroad Company, and Joseph B. Fleming and Aaron Colnon, as Trustees of the estate of The Chicago, Rock Island and Pacific Railway Company, instituted this action against Consumers Cooperative Association to recover damages. It was alleged in the complaint that a passenger train belonging to plaintiffs and a motor transport belonging to defendant collided at a railroad-highway crossing; that the negligence...

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