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CASTILLEJA v. SOUTHERN PACIFIC COMPANY

No. 28623.

445 F.2d 183 (1971)

Elena CASTILLEJA et al., Plaintiffs-Appellees, v. SOUTHERN PACIFIC COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 11, 1971.

Attorney(s) appearing for the Case

Ferd C. Meyer, Jr., Harper Macfarlane, San Antonio, Tex., for appellant.

Sidney Ravkind, Houston, Tex., Les Mendelsohn, San Antonio, Tex., for appellees.

Before GODBOLD, SIMPSON and MORGAN, Circuit Judges.

SIMPSON, Circuit Judge:

The parties in this wrongful death action are here for a second appearance, but this time the roles of appellant and appellee are reversed. On the prior appeal, appellants Ausencio Castilleja's widow and minor children (the present appellees) secured reversal of a judgment based on a jury verdict in favor of Southern Pacific Company and a new trial based upon an improper jury instruction not here at issue. Castilleja v. Southern Pacific Company...

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