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McVICKER v. CHESAPEAKE AND OHIO RAILWAY COMPANY

No. 14574.

307 F.2d 501 (1962)

John McVICKER, Plaintiff-Appellee, and George F. Alger Company, Intervenor Plaintiff-Appellee, v. CHESAPEAKE AND OHIO RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

August 29, 1962.

Attorney(s) appearing for the Case

Robert A. Straub, Detroit, Mich., for defendant-appellant, James R. Gannon, Detroit, Mich., on the brief.

Harry M. Philo, Detroit, Mich., for plaintiff-appellee, Goodman, Crockett, Eden, Robb & Philo, Detroit, Mich., on the brief.

Kenneth C. Davies, Detroit, Mich., for intervenor-plaintiff-appellee, Davies & Moesta, Detroit, Mich., on the brief.

Before MILLER, Chief Judge, O'SULLIVAN, Circuit Judge, and BOYD, District Judge.

SHACKELFORD MILLER, Jr., Chief Judge.

This action was filed in the District Court by the plaintiff-appellee against the Chesapeake and Ohio Railway Company to recover damages for personal injuries suffered by him when a tractor trailer which he was driving was hit at a railroad crossing on a public highway in Indiana by a train being operated by the defendant. The parties will be referred to as they were in the District Court...

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