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UNION PACIFIC RAILROAD COMPANY v. HORMAECHEA

No. 22869.

418 F.2d 990 (1969)

UNION PACIFIC RAILROAD COMPANY, a corporation, Appellant, v. Teles HORMAECHEA and Mary Hormaechea, husband and wife, and Daniel T. Hormaechea, Appellees.

United States Court of Appeals Ninth Circuit.

November 10, 1969.

Attorney(s) appearing for the Case

E. C. Phoenix (argued), D. A. Bybee, F. L. Ringe, Pocatello, Idaho, Bryan P. Leverich, Salt Lake City, Utah, for appellant.

Andrew Harrington (argued), Robert Smylie, of Langroise, Clark & Sullivan, Boise, Idaho, for appellees.

Before CHAMBERS and CARTER, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge.

Appellant, Union Pacific Railroad Company, has appealed from a judgment in a diversity action in favor of appellees, Daniel T. Hormaechea, a minor, and his parents, Teles Hormaechea and Mary Hormaechea, for personal injuries sustained by Daniel in a train-automobile collision, and expenses incurred by his parents in treatment for the injuries.

The case was tried before a jury. At the close of plaintiffs' case and again at the close...

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