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GAGNIER v. BENDIXEN

No. 20474.

439 F.2d 57 (1971)

Marie Carol GAGNIER, as Trustee for the Heirs of Oliver L. Gagnier, Deceased, Plaintiff-Appellee, v. Chris BENDIXEN and the Chicago, Rock Island and Pacific Railroad Company, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

March 17, 1971.

Attorney(s) appearing for the Case

Charles A. Flinn, Jr., Stringer, Donnelly, Allen & Sharood, St. Paul, Minn., for defendant-appellants.

Mark M. Nolan, St. Paul, Minn., Douglass, Bell, Donlin, Shultz & Petersen, by James R. Bell, St. Paul, Minn., for plaintiff-appellee.

Before VAN OOSTERHOUT, GIBSON and LAY, Circuit Judges.

GIBSON, Circuit Judge.

This is a diversity action arising out of a truck-train collision near Clarks Grove, Minnesota, which resulted in the death of the truck driver. The decedent's wife, as trustee of the deceased's heirs, brought a wrongful death action in the District Court of Minnesota against the railroad for negligence. The issues in the case are governed by the Minnesota Comparative Negligence Act, M.S.A. § 604.01 (1969),1

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