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GREEN v. ILLINOIS CENTRAL RAILROAD COMPANY

No. 19900.

316 F.2d 728 (1963)

Mary GREEN, widow of Abraham Sampson, individually and as natural tutrix of her minor children, Paul Sampson, Major Lee Sampson and Daisy Mae Sampson, Appellants, v. ILLINOIS CENTRAL RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

April 29, 1963.

Attorney(s) appearing for the Case

Felicien P. Lozes, New Orleans, La., George T. Oubre, Norco, La., for appellants.

H. Martin Hunley, Jr., Lemle & Kelleher, New Orleans, La., for appellee, J. H. Wright, Gen. Counsel, John W. Freels, Gen. Sol., Chicago, Ill., of counsel.

Before PHILLIPS, CAMERON and WISDOM, Circuit Judges.

PER CURIAM.

Appellant's husband was killed when run over by an Illinois Central passenger train. Appellant took the depositions of the two known witnesses to the accident, appellee's engineer and fireman. In answering interrogatories propounded by appellee, appellant stated that no other witnesses were known. Appellee moved for summary judgment, making a part of the motion the interrogatories and depositions mentioned.

The substance of the depositions of the...

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