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JERNIGAN v. SOUTHERN PACIFIC COMPANY

No. 14416.

222 F.2d 245 (1955)

Lester JERNIGAN, Appellant, v. The SOUTHERN PACIFIC COMPANY, a Delaware Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 15, 1955.

Attorney(s) appearing for the Case

Frank E. Flynn, A. E. Farone, Phoenix, Ariz., for appellant.

Evans, Hull, Kitchel & Jenckes, Ralph J. Lester, Phoenix, Ariz., for appellee.

Before STEPHENS and FEE, Circuit Judges, and WIIG, District Judge.

STEPHENS, Circuit Judge.

The plaintiff, Lester Jernigan, instituted this action in the Superior Court of Maricopa County, Arizona, seeking damages for injuries incurred when the automobile in which he was a passenger collided with a box-car which defendant had left standing on a grade crossing. At the request of the defendant, a Delaware corporation, the case was removed to the United States District Court on the basis of diversity of citizenship. At the close of...

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