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BOX v. SOUTH GEORGIA RAILWAY COMPANY

No. 28265.

433 F.2d 89 (1970)

Mary Lee BOX as guardian of Vera Mae Ellis, Bobby Lee Ellis and Johnny D. Ellis, minors, and Sara Ellis, Plaintiffs-Appellees, v. SOUTH GEORGIA RAILWAY COMPANY, a Georgia corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 12, 1970.

Attorney(s) appearing for the Case

James E. Cobb, Marion R. Shepard, and Mathews, Osborne & Ehrlich, Jacksonville, Fla., for defendant-appellant.

Truett & Watkins, Steve M. Watkins, J. Ben Watkins, Tallahassee, Fla., for plaintiffs-appellees.

Before AINSWORTH, DYER and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

South Georgia Railway Company, a Georgia corporation, (Railway) appeals from a jury verdict and judgment against it in this diversity case brought under the Florida Death by Wrongful Act Statutes, F.S.A. § 768.01 et seq.1

Mary Lee Box brought the suit on behalf of the minor children of the decedent Josie Ellis. After denying Railway's motion for judgment n. o. v. the trial court entered judgment on...

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