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SHANNON v. SOUTHERN PACIFIC TRANSPORT COMPANY

No. 28691.

427 F.2d 545 (1970)

Gerard SHANNON, Plaintiff-Appellee, v. SOUTHERN PACIFIC TRANSPORT COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 1, 1970.

Attorney(s) appearing for the Case

Harry McCall, Jr., New Orleans, La., for appellant.

James T. Flanagan, New Orleans, La., for appellee.

Before JOHN R. BROWN, Chief Judge, and GEWIN and THORNBERRY, Circuit Judges.

PER CURIAM:

Southern Pacific Transport Company appeals from an adverse judgment in this diversity action brought by Gerard Shannon. Shannon was injured when the hydraulically operated lift gate on a Southern Pacific truck malfunctioned and fell on his leg. The jury returned a verdict for Shannon in the amount of $28,600. Southern Pacific contends: (1) The Court erroneously instructed the jury as to the amount of Shannon's special damages, (2) the jury's finding of...

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