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FOSTER v. NEW YORK CENTRAL SYSTEM

No. 16802.

402 F.2d 312 (1968)

Billy L. FOSTER, Plaintiff-Appellant, v. NEW YORK CENTRAL SYSTEM, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

October 31, 1968.

Attorney(s) appearing for the Case

Myrl O. Wilkinson, Dix, Dix, Patrick, Ratcliffe & Adamson, Terre Haute, Ind., for plaintiff-appellant.

Jerdie D. Lewis, Terre Haute, Ind., for defendant-appellee, Richard O. Olson, Chicago, Ill., Lewis & Lewis, Terre Haute, Ind., of counsel.

Before CASTLE, Chief Judge, DUFFY, Senior Circuit Judge, and CUMMINGS, Circuit Judge.

CASTLE, Chief Judge.

This is a personal injury action originally brought in the Superior Court of Vigo County, Indiana, which defendant removed to the District Court on the basis of diversity of citizenship. The Court below granted defendant's motion for summary judgment and plaintiff appeals.

Plaintiff was injured when he was thrown from the Honda motorcycle on which he was riding. As a result of his injuries, plaintiff...

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