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RUCKER v. WABASH RAILROAD COMPANY

No. 17392.

418 F.2d 146 (1969)

Sandra K. RUCKER, Herbert Rucker, Cheryl Dunham, etc., and James Dunham, Plaintiffs-Appellants, v. WABASH RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearings Denied December 2, and December 3, 1969.

Attorney(s) appearing for the Case

Thomas F. Londrigan, Robert Weiner, Springfield, Ill., for appellants.

Alfred F. Newkirk, of Giffin, Winning, Lindner, Newkirk & Cohen, Springfield, Ill., for appellee.

Before KNOCH, Senior Circuit Judge, CUMMINGS and KERNER, Circuit Judges.

CUMMINGS, Circuit Judge.

Plaintiffs brought this diversity action for personal injuries resulting from a train-automobile collision on the Constant Street railroad crossing of defendant Wabash Railroad Company at Dawson, Illinois. Four of the counts of the Amended Complaint claimed a statutory violation and a wilful statutory violation. The remaining counts were for negligence and wilful and wanton misconduct. At the close of the evidence, the court directed a verdict...

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