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PUGH v. SOUTHERN RAILWAY COMPANY

No. 26692.

407 F.2d 382 (1969)

Warren M. PUGH, Plaintiff-Appellee, v. SOUTHERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

February 19, 1969.

Attorney(s) appearing for the Case

Albert W. Stubbs, Columbus, Ga. (Charles J. Bloch, Macon, Ga., Hatcher, Stubbs, Land & Rothschild, Columbus, Ga., Sanders, Mottola & Haugen, Newnan, Ga., on the brief), for Southern Railway Company, defendant-appellant.

Clifford Seay, Griffin, Ga. (Bolton & Seay, Christopher & Futral, Griffin, Ga., on the brief), for Warren Pugh, plaintiff-appellee.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

PER CURIAM:

Pugh, a motorist travelling alone, was injured at a railroad crossing of the Southern Railway Company on East McIntosh Road, near Griffin, Georgia. He filed suit in state court for $45,000. On diversity of citizenship and jurisdictional amount the case was removed to the District Court for the Northern District of Georgia. A jury, in the first verdict returned in the new courthouse in Newnan, awarded Duke $6,000 for personal injuries and $759.65 for hospital...

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