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BERG v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY

Nos. 18317, 18318.

318 F.2d 323 (1963)

Karen J. BERG, Ellen L. Berg, and Larry J. Berg, minors, by Joyce M. Berg, their Guardian Ad Litem, and Joyce M. Berg, individually, Appellants, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, a Wisconsin Corporation, Appellee. Helen I. WRZESINSKI, Administrator of the Estate of Walter L. Wrzesinski, Deceased, Appellant, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, a Wisconsin Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

June 21, 1963.

Attorney(s) appearing for the Case

C. H. Schile, Ryegate, Mont., D. L. Holland and Robert J. Holland, Butte, Mont., for appellants.

Garlington, Lohn & Robinson, and J. C. Garlington, Missoula, Mont., for appellees.

Before HAMLIN, JERTBERG and DUNIWAY, Circuit Judges.

HAMLIN, Circuit Judge.

This is an action for damages for wrongful death brought by surviving relatives against Chicago, Milwaukee, St. Paul and Pacific Railroad Company as a result of a crossing collision between an automobile in which decedents were riding and a train of appellee. The case was tried before the District Court of Montana sitting without a jury.

Appellants contend that the court's decision was contrary to the evidence and the law. We do not...

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