SEABOARD AIR LINE RAILROAD COMPANY v. GILL

No. 7037.

227 F.2d 64 (1955)

SEABOARD AIR LINE RAILROAD COMPANY, Appellant and Cross-Appellee, v. Tom GILL, Administrator of the Estates of Jessie Thomas Long, deceased, and William Thomas Long, deceased, Appellee and Cross-Appellant.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1955.


Attorney(s) appearing for the Case

Murray Allen and R. P. Upchurch, Raleigh, N. C., for appellant and cross-appellee.

B. T. Henderson, II, and J. C. Moore, Raleigh, N. C., (Charles H. Young, Raleigh, N. C., on brief), for appellee and cross-appellant.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.


SOPER, Circuit Judge.

The principal question in this case which we considered on a prior appeal, Gill v. Seaboard Air Line R. Co., 208 F.2d 7, is whether certain releases given to the Railroad Company by the Administrator were secured by fraud. Three persons were killed when an automobile truck in which they were riding was struck by a Seaboard passenger train on January 16, 1951 at a grade crossing near Henderson, North Carolina...

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