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GRIFFIN v. MISSOURI PACIFIC RAILROAD COMPANY

No. 26579.

413 F.2d 9 (1969)

Alfred GRIFFIN, Plaintiff-Appellee-Cross-Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant, and The Kansas City Southern Railway Company, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals Fifth Circuit.

June 27, 1969.

Attorney(s) appearing for the Case

Arthur R. Carmody, Jr., Shreveport, La., Wilkinson, Woods, Carmody, Meadows & Hall, Shreveport, La., for defendant-appellant.

Everett R. Scott, Jr., Kaufman, Anderson, Leithead, Scott & Boudreau, Lake Charles, La., for Missouri Pac. R. Co.

Russell T. Tritico, Lake Charles, La., for appellee.

V. Farley Sonnier, Lafayette, La., A. Lane Plauche, Lake Charles, La., for other interested parties.

Before COLEMAN and GODBOLD, Circuit Judges, and SCOTT, District Judge.

SCOTT, District Judge:

This is an appeal by The Kansas City Southern Railway Company, defendant-appellant, from a judgment awarding Alfred Griffin, a laborer employed by The Port of Lake Charles, Louisiana, $26,117.18 in damages for personal injuries suffered when a 30-foot iron rail was shaken loose from the bulkhead side-wall of a railroad "hopper car". Jurisdiction was based on diversity of citizenship, 28 U.S.C. § 1332. We affirm.

Hopper Car No. 5816...

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