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NEW ORLEANS & NORTHEASTERN RAILROAD CO. v. HEWETT OIL CO.

No. 20949.

341 F.2d 406 (1965)

NEW ORLEANS AND NORTHEASTERN RAILROAD COMPANY et al., Appellants, v. HEWETT OIL COMPANY, Inc., et al., Appellees. HEWETT OIL COMPANY, Inc., et al., Appellants, v. NEW ORLEANS AND NORTHEASTERN RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 28, 1965.

Attorney(s) appearing for the Case

L. Murray Alley, Leigh M. Clark, Birmingham, Ala., Cabaniss, Johnston, Gardner & Clark, Birmingham, Ala., of counsel, for appellants.

Jack J. Hall, James L. Shores, Jr., Schuyler A. Baker, Birmingham, Ala., Baker, McDaniel & Hall, Birmingham, Ala., of counsel, for appellees.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and McRAE, District Judge.

McRAE, District Judge:

At about eleven-thirty o'clock in the morning of November 8, 1962, a tractor-trailer unit owned by Hewett Oil Company, Inc., (Hewett)1 and being driven, in the scope of his employment, by Roy Gordon McCurry collided with a Southern Railway Company (Souther) passenger train en route from Atlanta to Birmingham at a crossing near the line between Calhoun County and Talladega County, Alabama. The diesel locomotive pulling...

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