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LEISNER v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 27534.

420 F.2d 682 (1969)

Mrs. Nellie Myers LEISNER, Plaintiff-Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

November 19, 1969.

Attorney(s) appearing for the Case

Malberry Smith, Jr., Stanley H. Friedman, Savannah, Ga., for plaintiff-appellant.

Bouhan, Williams & Levy, Walter C. Hartridge, II, Savannah, Ga., for defendant-appellee.

Before COLEMAN, SIMPSON and MORGAN, Circuit Judges.

PER CURIAM:

Appellant's son, Robert Myers Leisner, a summertime employee of the State Highway Department of Georgia, was a member of a work crew which was charged with the responsibility for taking subsoil samples preparatory to the construction of highways and bridges.

It was in the course of this work that Leisner suffered his fatal accident. Leisner and his fellow crew members were taking soil samples on the appellee's (Atlantic Coast Line Railroad Company...

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