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MITTLIEDER v. CHICAGO AND NORTHWESTERN RAILWAY CO.

No. 19314.

413 F.2d 77 (1969)

Ismay MITTLIEDER, Special Administrator of the Estate of Elmer R. Ochsner, Deceased, Appellant, v. CHICAGO AND NORTHWESTERN RAILWAY COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

June 23, 1969.

Attorney(s) appearing for the Case

Martin A. Cannon, of Matthews, Kelley, Cannon & Carpenter, Omaha, Neb., for appellant, and filed brief.

Harry B. Otis, of Gaines, Spittler, Neely, Otis & Moore, Omaha, Neb., for appellee, and filed brief.

Before VAN OOSTERHOUT, Chief Judge, and MATTHES and BRIGHT, Circuit Judges.

BRIGHT, Circuit Judge.

Elmer Ochsner of Omaha, Nebraska, was killed when the automobile in which he was a passenger was struck by a freight train. His special administrator brought a proper diversity action for wrongful death against the Chicago and Northwestern Railway Company. A jury denied recovery. Post-judgment, the trial court denied the administratrix's motion for a new trial. On a timely appeal from the judgment, Ochsner's administrator contends primarily...

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