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MITTLIEDER v. CHICAGO AND NORTHWESTERN RAILWAY CO.

No. 20458.

441 F.2d 52 (1971)

Ismay MITTLIEDER, Special Administratrix of the Estate of Elmer R. Ochsner, Deceased, Appellant, v. CHICAGO AND NORTHWESTERN RAILWAY COMPANY, a Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

April 16, 1971.

Attorney(s) appearing for the Case

Martin A. Cannon, of Matthews, Kelley, Cannon & Carpenter, Omaha, Neb., for appellant.

Harry B. Otis, of Gaines, Spittler, Neely, Otis & Moore, Omaha, Neb., for appellee.

Before MATTHES, Chief Judge, and VAN OOSTERHOUT and GIBSON, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by Mittlieder, Administratrix, from judgment based on a jury verdict dismissing her wrongful death action arising out of the death of her intestate, Elmer R. Ochsner, in a railroad crossing collision with defendant's freight train. The trial giving rise to this appeal occurred following our reversal of a judgment of dismissal based on a jury verdict for the defendant in Mittlieder v. Chicago and Northwestern Railway...

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