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CASTILLEJA v. SOUTHERN PACIFIC COMPANY

No. 25586.

406 F.2d 669 (1969)

Elena CASTILLEJA and minor children, Appellants, v. SOUTHERN PACIFIC COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 13, 1969.

Attorney(s) appearing for the Case

Sidney Ravkind, Houston, Tex., Les Mendelsohn, San Antonio, Tex., for appellants.

Harper MacFarlane, Fred C. Meyer, Jr., San Antonio, Tex., for appellee.

Before GOLDBERG and CLAYTON, Circuit Judges, and HANNAY, District Judge.

GOLDBERG, Circuit Judge:

This is an appeal from a judgment entered upon a general jury verdict in a wrongful death action. The tragedy occurred in Guadalupe County, Texas, when a train of the Southern Pacific Railway struck a truck and killed Ausencio Castilleja, a passenger in the truck. The appellants, Castilleja's widow and minor children, were the unsuccessful plaintiffs in the court below. The primary issue involved...

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