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LEON v. PENN CENTRAL COMPANY

No. 18015.

428 F.2d 528 (1970)

Peter LEON, Plaintiff-Appellant, v. PENN CENTRAL COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied July 22, 1970.

Attorney(s) appearing for the Case

Edward J. Raskosky, George Kohl, Nowicki, Raskosky, Kohl & Gaines, Hammond, Ind., for plaintiff-appellant.

Owen W. Crumpacker, Harold Abrahamson, Hammond, Ind., Richard O. Olson, Chicago, Ill., for defendant-appellee.

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

KERNER, Circuit Judge.

Plaintiff filed suit under 28 U.S.C. § 1332 seeking damages for injuries suffered when the automobile which he was driving was hit by defendant's train. A jury awarded the plaintiff $34,500, but the district judge granted defendant's motion for a new trial. At the second trial the court directed a verdict for the defendant at the close of the plaintiff's case on the ground that plaintiff was guilty of contributory negligence as a matter...

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