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CITIZENS STATE BANK v. PENN CENTRAL TRANSPORTATION CO.

Nos. 71-1079, 71-1080.

463 F.2d 611 (1972)

The CITIZENS STATE BANK, as Guardian of Gary Purple, a minor, Plaintiff-Appellee, v. PENN CENTRAL TRANSPORTATION COMPANY, Defendant-Appellant. The CITIZENS STATE BANK, as Guardian of Phyllis Carter, a minor, Plaintiff-Appellee, v. PENN CENTRAL TRANSPORTATION COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 19, 1972.

Attorney(s) appearing for the Case

Jerdie D. Lewis, Terre Haute, Ind., for Terre Haute, Ind., of counsel.

Don P. Campbell, James R. Bunch, James B. Wallace, Covington, Ind., Hansford C. Mann, Terre Haute, Ind., Wallace, Wallace, Campbell & Bunch, Covington, Ind., Mann, Mann, Chaney, Johnson & Hicks, Terre Haute, Ind., for plaintiff-appellee.

Before KILEY and STEVENS, Circuit Judges, and CAMPBELL, Senior District Judge.

KILEY, Circuit Judge.

A jury in this diversity case returned verdicts for $200,000 and $150,000 in favor of plaintiff suing as guardian for two minors — Gary Purple and Phyllis Carter — allegedly injured as a result of defendant Penn Central Transportation Company's (Railroad's) negligence in transporting an electric transformer for General Electric (GE). The Railroad has appealed.2

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