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BALTIMORE AND OHIO R. CO. v. COMMERCIAL TRANSPORT, INC.

No. 12674.

273 F.2d 447 (1960)

BALTIMORE AND OHIO RAILROAD COMPANY, Plaintiff-Appellee, v. COMMERCIAL TRANSPORT, INC., and Edgar C. Francis, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

January 4, 1960.

Attorney(s) appearing for the Case

Bernard H. Bertrand and John M. Ferguson, East St. Louis, Ill., Wagner, Conner, Ferguson, Bertrand & Baker, East St. Louis, Ill., of counsel, for appellants, Commercial Transport, Inc., and Edgar C. Francis.

P. Eugene Smith, Dayton, Ohio, John C. Roberts, East St. Louis, Ill., Marshall & Smith, Dayton, Ohio, Edward W. Stubbs, Jr., of Kramer, Campbell, Costello & Wiechert, East St. Louis, Ill., for appellee, Baltimore & O. R. Co.

Before SCHNACKENBERG, PARKINSON and CASTLE, Circuit Judges.

CASTLE, Circuit Judge.

This diversity action was brought by plaintiff-appellee, The Baltimore and Ohio Railroad Company against Commercial Transport, Inc., and Edgar C. Francis, defendants-appellants to recover damages in the sum of $69,104.17. The damages were alleged to have been sustained as a result of the negligent operation of a tractor-trailer operated for defendants which collided with a diesel locomotive of plaintiff...

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