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EGGERS v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC R. CO.

No. 12007.

249 F.2d 58 (1957)

Ralph O. EGGERS, Administrator of the Estate of Roberta H. Eggers, Deceased, Ralph O. Eggers, Individually, Linda Lee Eggers, a Minor, and Janice E. Eggers, a Minor, by Ralph O. Eggers, Their Father and Next Friend, Plaintiffs-Appellants, v. The CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

November 4, 1957.

Attorney(s) appearing for the Case

Frederick W. Allen, Peoria, Ill., for appellants.

Lyle W. Allen, Peoria, Ill., Edwin O. Schiewe, Chicago, Ill., Clarence W. Heyl, Heyl, Royster & Voelker, Peoria, Ill., for defendant-appellee.

Before MAJOR and FINNEGAN, Circuit Judges, and PLATT, District Judge.

PLATT, District Judge.

This is an appeal from an order of the district court dismissing appellants' complaint. In the complaint the appellants allege that on January 19, 1953 about 10 p. m. an automobile operated by Ralph O. Eggers, one of the appellants, struck the side of appellee's 25 car train as it was crossing a highway near Cherry, Illinois. Eggers' wife and two daughters were riding in the automobile. His wife was killed in the collision and the other occupants...

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