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OVERSTREET v. SOUTHERN RAILWAY COMPANY

No. 23299.

371 F.2d 411 (1967)

Roy OVERSTREET, Appellant, v. SOUTHERN RAILWAY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

January 25, 1967.

Attorney(s) appearing for the Case

W. S. Murphy, Lucedale, Miss., for appellant.

M. M. Roberts, Hattiesburg, Miss., for appellee.

Before GEWIN and AINSWORTH, Circuit Judges, and HUNTER, District Judge.

AINSWORTH, Circuit Judge.

In this diversity suit for damages, plaintiff Overstreet was involved in a railroad crossing accident on February 3, 1959, at Hattiesburg, Forrest County, Mississippi, with a locomotive operated by the New Orleans & Northeastern Railroad Company. The complaint was not filed until February 1, 1965, after which the district judge granted a motion for summary judgment dismissing the suit, the court holding that the uncontradicted affidavits...

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