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GUTIERREZ v. UNION PACIFIC RAILROAD COMPANY

No. 8537.

372 F.2d 121 (1966)

John GUTIERREZ and Beatrice Gutierrez, Appellants, v. UNION PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

December 5, 1966.

Attorney(s) appearing for the Case

Donald L. Dill, Denver, Colo. (John S. Carroll, Denver, Colo., was with him on the brief), for appellants.

Edward G. Knowles, Denver, Colo. (Clayton D. Knowles, Denver, Colo., was with him on the brief), for appellee.

Before PHILLIPS and HICKEY, Circuit Judges, and BRATTON, District Judge.

BRATTON, District Judge.

This is a diversity action brought by the appellants, John Gutierrez and Beatrice Gutierrez, against the Union Pacific Railroad Company, seeking damages for the wrongful death of their minor son, William Michael Gutierrez, as a result of a collision between the pickup truck he was driving and the train of the Union Pacific Railroad Company.

The collision occurred at an intersection of a paved...

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