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EMERY v. NORTHERN PACIFIC RAILROAD COMPANY

No. 19275.

407 F.2d 109 (1969)

Alice EMERY, Individually, and as Trustee for the North Dakota Workmen's Compensation Bureau, Appellant, v. The NORTHERN PACIFIC RAILROAD COMPANY, a Corporation; William Norman and Thomas McMahon, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied March 27, 1969.

Attorney(s) appearing for the Case

Carlton J. Hunke, Fargo, N. D., for appellant; Mart R. Vogel, of Wattam, Vogel, Vogel, Bright & Peterson, and Thomas A. Davies, of Soule & Davies, Fargo, N. D., with him on the briefs.

E. T. Conmy, of Conmy, Conmy & Feste, Fargo, N. D., and Edward M. Glennon, Minneapolis, Minn., for appellees.

Before MATTHES, GIBSON and LAY, Circuit Judges.

FLOYD R. GIBSON, Circuit Judge.

This is the second appeal by plaintiff Alice Emery from a final judgment dismissing her complaint against the defendants, The Northern Pacific Railroad Company, and William Norman and Thomas McMahon, the engineer and fireman of a Northern Pacific passenger train involved in a railroad crossing accident, on February 23, 1964 in Grand Forks, North Dakota. The train collided with a Volkswagen bus resulting in five fatalities, including...

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