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MULLEN v. TEXAS AND PACIFIC RAILWAY COMPANY

No. 28006.

425 F.2d 269 (1970)

Armand E. MULLEN, Plaintiff-Appellee, v. The TEXAS AND PACIFIC RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 3, 1970.

Attorney(s) appearing for the Case

J. Barnwell Phelps, New Orleans, La., for appellant.

Fritz H. Windhorst, Frederick P. Heisler, Kent A. Russell, New Orleans, La., for appellee.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.

PER CURIAM:

Armand E. Mullen filed suit in the United States District Court for the Eastern District of Louisiana for injuries received while a passenger on The Texas and Pacific Railway. The jury awarded Mullen $50,000 in damages and the railroad appeals contending: (1) Mullen failed to prove that his injuries were proximately caused by the negligence of the railroad. (2) Mullen was guilty of contributory negligence. (3) The trial court erred in failing to grant...

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