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CHICAGO, ROCK ISLAND & P. R. CO. v. HUGH BREEDING, INC.

Nos. 5503, 5504.

247 F.2d 217 (1957)

CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a corporation, Appellant, v. HUGH BREEDING, Inc., a corporation, Appellee. HUGH BREEDING, Inc., a corporation, Cross-Appellant, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a corporation, Cross-Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 21, 1957.

Attorney(s) appearing for the Case

John A. Johnson and Robert E. Shelton, Oklahoma City, Okl. (Savage, Gibson & Benefield, Oklahoma City, Okl., on the brief), for appellant and cross-appellee.

Gus Rinehart, Oklahoma City, Okl. (Butler, Rinehart & Morrison, Oklahoma City, Okl., on the brief), for appellee and cross-appellant.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.

PHILLIPS, Circuit Judge.

Hugh Breeding, Inc.1 brought this action against Chicago, Rock Island and Pacific Railroad Company, a corporation,2 and the Railroad Company filed a cross-complaint against Breeding, each claiming damages as a result of a collision between a diesel-powered freight train of the Railroad Company and a motor-driven gasoline transport truck of Breeding. The collision occurred at a point...

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