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LOPEZ v. DENVER & RIO GRANDE WESTERN RAILROAD CO.

No. 6223.

277 F.2d 830 (1960)

Tony LOPEZ, Patsy Lopez, an incompetent, by her Guardian ad Litem, Tony Lopez; Lorencita L. Archuleta; and Cresencio Archuleta, a minor, by Lorencita L. Archuleta, his General Guardian, Appellants, v. DENVER & RIO GRANDE WESTERN RAILROAD COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

March 21, 1960.

Attorney(s) appearing for the Case

Cullen Y. Christenson (of Christenson, Novak, Paulson & Taylor), Provo, Utah, for appellants.

Grant H. Bagley (of Van Cott, Bagley, Cornwall & McCarthy), Salt Lake City, Utah, for appellee.

Before MURRAH, Chief Judge, LEWIS, Circuit Judge, and WALLACE, District Judge.

MURRAH, Chief Judge.

This is an appeal from a summary judgment for the defendant railroad in a Utah crossing accident case. Plaintiff-appellants are the driver of the automobile, two of his three passengers, and the child of the third passenger who was killed in the collision. Appellee's motion to amend its petition for removal to supply sufficient allegations of citizenship and principal place of business existing at the time of commencement of this action is hereby...

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