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LANE v. MISSOURI-KANSAS-TEXAS RAILROAD CO. OF TEXAS

No. 15466.

223 F.2d 159 (1955)

Clarice Ann LANE, and Rusty Ann Lane, a minor, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY OF TEXAS.

United States Court of Appeals Fifth Circuit.

June 17, 1955.

Attorney(s) appearing for the Case

J. Edwin Smith, Houston, Tex., Terry L. Jacks, San Marcos, Tex. (Smith & Lehmann, Houston, Tex., of counsel), for appellants.

C. E. Bryson, Houston, Tex., G. H. Penland, Gen. Sol., Missouri-Kansas-Texas R. Co. of Texas, Dallas, Tex., Vinson, Elkins, Weems & Searls, Ben H. Rice, III, Houston, Tex., for Missouri-Kansas-Texas R. Co. of Texas.

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.

HUTCHESON, Chief Judge.

When this cause was here before on the appeal of the present appellee,1 this court held that the district judge had erred in entering a judgment on the verdict for plaintiffs, the present appellants, and, so holding, reversed the judgment and remanded the cause "for further proceedings not inconsistent with this opinion".

After the return of the mandate, the defendant...

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