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LOUISIANA & ARKANSAS RAILWAY COMPANY v. HUGHES

No. 23247.

374 F.2d 106 (1967)

LOUISIANA & ARKANSAS RAILWAY COMPANY, Appellant, v. H. B. HUGHES and Charles E. Hatcher, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 21, 1967.

Attorney(s) appearing for the Case

William L. Peek, Jr., Wheeler, Hubbard, Patton & Peek, Texarkana, Tex., for appellant.

Jim Ammerman, Franklin Jones, Jr., Jones, Jones & Baldwin, Marshall, Tex., Jordan Lee Wilcox, Freeport, Tex., for appellees.

Before TUTTLE, Chief Judge, and AINSWORTH and DYER, Circuit Judges.

DYER, Circuit Judge.

On May 9, 1964, Louisiana & Arkansas Railway Company's No. 53 freight train, consisting of five diesel units and one hundred and twenty freight cars, in all being approximately 6300 feet in length, travelling from Greenville, Texas, to Shreveport, Louisiana, on a single set of tracks, met appellant's train No. 54, travelling from Shreveport to Greenville, at Veals Switch near Hughes Springs, Texas. In order to permit No. 54 to pass, No. 53...

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