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LESTER v. ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.

No. 6103.

275 F.2d 42 (1960)

Floyd H. LESTER, Appellant, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 16, 1960.

Attorney(s) appearing for the Case

David F. Boyd, Jr., Albuquerque, N. M. (Gordon W. Coker, Albuquerque, N. M., was with him on the brief), for appellant.

R. G. Cooper, Albuquerque, N. M. (B. G. Johnson, Albuquerque, N. M., was with him on the brief), for appellee.

Before BRATTON, LEWIS and BREITENSTEIN, Circuit Judges.

LEWIS, Circuit Judge.

The action, initiated by plaintiff-appellant in the state court of New Mexico and subsequently removed to the United States District Court, is premised upon the assertion that the death of appellant's wife was wrongfully occasioned by the negligence and gross negligence of the defendant railroad. The cause was submitted to a jury which found the issues in favor of defendant by general verdict. Principal contentions upon appeal urge error in the...

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