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BAILEY v. PENNINGTON

No. 16297.

274 F.2d 328 (1960)

Roy E. BAILEY, Appellant, v. Coy W. PENNINGTON et al., Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied February 26, 1960.

Attorney(s) appearing for the Case

Donald P. Lay, Omaha, Neb., made oral argument for appellant.

Harold Kauffman, Omaha, Neb., presented oral argument for appellee, Pennington, and Mr. Harry B. Otis, Omaha, Neb., made argument for appellee, Chicago and Northwestern Railway System.

Before GARDNER, SANBORN and VOGEL, Circuit Judges.

VOGEL, Circuit Judge.

Plaintiff-appellant brought this suit for personal injuries against defendant-appellee Pennington, driver of a vehicle in which plaintiff was riding, and against defendant-appellee Chicago and Northwestern Railway, whose train collided with the vehicle at a crossing within the city limits of Elgin, Nebraska, on January 14, 1955. Diversity of citizenship and the amount involved make for federal court jurisdiction. At the conclusion of the plaintiff...

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