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GROSS v. SOUTHERN RAILWAY COMPANY

No. 29618.

446 F.2d 1057 (1971)

Barbara R. GROSS, Plaintiff-Appellee, v. SOUTHERN RAILWAY COMPANY, Defendant-Appellant. Nancy Ruth CANIPELLI, Plaintiff-Appellee, v. SOUTHERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 15, 1971.

Attorney(s) appearing for the Case

John B. Harris, Jr., T. Reese Watkins, Macon, Ga., for appellant; Harris, Russell & Watkins, Macon, Ga., of counsel.

Charles F. Adams, H. T. O'Neal, Jr., Richard B. Thornton, Manley F. Brown, Adams, O'Neal, Thornton, Hemingway & McKenney, Macon, Ga., for appellee.

Before WISDOM, BELL and AINSWORTH, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 15, 1971.

AINSWORTH, Circuit Judge:

These diversity suits for damages grow out of a grade crossing accident in Monroe County, Georgia, which occurred on a clear September night, at about 8:30, when an automobile ran into the 30th car of a moving Southern Railway Company freight train. Two separate suits were filed, one by Mrs. Barbara R. Gross, mother of the deceased Don C. Gross, Jr., for damages growing out...

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