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UNION PACIFIC RAILROAD CO. v. JARRETT

No. 21136.

381 F.2d 597 (1967)

UNION PACIFIC RAILROAD COMPANY, Appellant, v. John W. JARRETT, etc., Appellee.

United States Court of Appeals Ninth Circuit.

August 8, 1967.

Attorney(s) appearing for the Case

E. C. Phoenix, Pocatello, Idaho, Bryan P. Leverich, Salt Lake City, Utah, for appellant.

Bruce Bowler, Boise, Idaho, for appellee.

Before HAMLEY, HAMLIN and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge:

Appellants Union Pacific and its employee, Fletcher, appeal from a judgment in a wrongful death action brought in diversity by the parents of the deceased, Catherine Joan Jarrett. The action was based upon the Idaho Wrongful Death Act, Idaho Code § 5-310. The other defendant against whom judgment was entered was Alma Nelson, as administratrix of the estate of Herbert E. Nelson. Nelson was the driver of the car involved. He, along with...

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