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MILLER v. PENNSYLVANIA RAILROAD COMPANY

No. 14094.

251 F.2d 376 (1957)

Wilfred L. MILLER et al., Appellants, v. PENNSYLVANIA RAILROAD COMPANY, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 26, 1957.

Attorney(s) appearing for the Case

Mr. Sheldon E. Bernstein, Washington, D. C., with whom Messrs. Wilmer S. Schantz, Jr., Joseph D. Bulman, Samuel Z. Goldman and Charles Jules Rose, Washington, D. C., were on the brief, for appellants. Mr. Arthur S. Feld, Washington, D. C., also entered an appearance for appellant Alban Tractor Co., Inc.

Mr. James C. McKay, Washington, D. C., with whom Mr. Paul F. McArdle and Mrs. F. Carolyn Graglia, Washington, D. C., were on the brief, for appellee.

Before PRETTYMAN, FAHY and BASTIAN, Circuit Judges.

FAHY, Circuit Judge.

Appellants Miller and Alban Tractor Co. sued in the District Court for property damage resulting from a collision between a passenger train of the Railroad and Miller's motor-drawn excavation equipment at a grade crossing near Lanham, Maryland.1 The equipment consisted of a bulldozer loaded on a "lowboy" trailer and an earth scraper connected to the trailer. These were being pulled by a truck-tractor in charge of Miller...

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