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SOUTHERN RY. CO. v. ROBERTS

No. 14136.

206 F.2d 508 (1953)

SOUTHERN RY. CO. v. ROBERTS.

United States Court of Appeals Fifth Circuit.

August 6, 1953.

Attorney(s) appearing for the Case

Rembert Marshall, Atlanta, Ga. (Marshall, Greene, Baird & Neely, Atlanta, Ga., W. Neal Baird, Atlanta, Ga., of counsel), for appellant.

Thomas B. Branch, Jr., Atlanta, Ga., James A. Branch, Atlanta, Ga., for appellee.

Before HOLMES, BORAH and RUSSELL, Circuit Judges.

RUSSELL, Circuit Judge.

This action, originally filed in the state court and removed to the federal court, was brought by the widow of Joseph L. Roberts against Southern Railway Company and J. P. Cawley to recover damages for Roberts' death. For reasons not necessary to be discussed here, Cawley was dismissed as a party defendant and the suit, tried by the Court without a jury, proceeded to judgment against the Railway Company. Although neither the complaint nor the...

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