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CENTRAL MFG. CO. v. ST. LOUIS-SAN FRANCISCO RY. CO.

No. 18954.

394 F.2d 704 (1968)

CENTRAL MANUFACTURING CO., a Corporation, and Lottie Yancy, Temporary Administratrix of the Estate of Samuel Inmon, Deceased, Appellants, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

May 9, 1968.

Attorney(s) appearing for the Case

Boyd Tackett, of Shaver, Tackett & Jones, Texarkana, Ark., for appellants; Thomas Hathaway, of Johnson, Hathaway & Jackson, Tyler, Tex., and Norman C. Russell, of Atchley, Russell, Hutchinson & Waldrop, Texarkana, Tex., on the brief.

C. Wayne Harris, Fort Smith, Ark., for appellee; E. D. Grinnell, Jr., St. Louis, Mo., and C. R. Warner, Jr., and Heartsill Ragon, Fort Smith, Ark., on the brief.

Before MATTHES, GIBSON and HEANEY, Circuit Judges.

FLOYD R. GIBSON, Circuit Judge.

On April 15, 1966, Samuel Inmon, while driving a heavily loaded tractor trailer truck west on Arkansas State Highway 355 near McNab, Arkansas, collided with the 33rd freight car of a train operated by the St. Louis-San Francisco Railway Company (Frisco). The impact was severe, causing a derailment of several of the freight cars, the total destruction of the tractor trailer and the death of Mr. Inmon. Frisco filed a complaint in the...

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