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JONES v. GREAT NORTHERN RAILWAY COMPANY

Nos. 21428, 21428A.

399 F.2d 637 (1968)

William JONES, Appellant, v. GREAT NORTHERN RAILWAY COMPANY, a corporation, Appellee. GREAT NORTHERN RAILWAY COMPANY, a corporation, Appellant, v. Thomas HOWE, Appellee.

United States Court of Appeals Ninth Circuit.

August 28, 1968.

Attorney(s) appearing for the Case

Myron E. Pitch (argued), of Weir, Gough & Booth, Edwin S. Booth (argued), Helena, Mont., Jardine, Stephenson, Blewett & Weaver, Great Falls, Mont., for appellant.

Douglas Anderson (argued), of Francisco & Sherman, Conrad, Mont., John W. Bonner (argued), Helena, Mont., for appellee.

Before MERRILL and DUNIWAY, Circuit Judges, and CRARY, District Judge.

PER CURIAM:

Jones and Howe brought an action against Great Northern Railway Company in the Montana state courts for personal injuries sustained by them in a crossing accident. The action was removed to the federal court by reason of diversity of citizenship. The jury returned a verdict in favor of the two plaintiffs. On a motion by Great Northern for judgment notwithstanding the verdict, the trial court granted the motion as to Jones, who was the driver of the vehicle...

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