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SHAPIRO v. GULF, MOBILE AND OHIO RAILROAD COMPANY

No. 12200.

256 F.2d 193 (1958)

Sam SHAPIRO, as Administrator of the Estate of Sarah Shapiro, deceased, Hyman Perlmutter, and Lillian Perlmutter, Plaintiffs, v. The GULF, MOBILE AND OHIO RAILROAD COMPANY, a Railroad Corporation, and Harry Perlmutter, Defendants. GULF, MOBILE AND OHIO RAILROAD COMPANY, a Railroad Corporation, Cross-Claimant, Appellant, v. Harry PERLMUTTER, Cross-Defendant, Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 1, 1958.

Attorney(s) appearing for the Case

James L. Perkins, Gerard E. Grashorn, Edward J. Wendrow, Winston, Strawn, Smith & Patterson, Chicago, Ill., for appellant.

Henry J. Hyde, Joseph A. Bailey, Chicago, Ill., for appellee.

Before DUFFY, Chief Judge, and SCHNACKENBERG and HASTINGS, Circuit Judges.

HASTINGS, Circuit Judge.

Hyman Perlmutter, Lillian Perlmutter, his wife, and Sam Shapiro, as Administrator of the estate of Sarah Shapiro, deceased, brought an action against The Gulf, Mobile and Ohio Railroad Company (G. M. & O.) and Harry Perlmutter. The complaint alleged that plaintiffs were passengers in an automobile owned and driven by defendant, Harry Perlmutter, onto the tracks of the G. M. & O. at a railroad crossing in Springfield, Illinois; that...

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