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ST. JOHNSBURY & LAMOILLE CO. R. R. v. CANADIAN PAC. RY. CO.

Civ. A. No. 6183.

341 F.Supp. 1368 (1972)

ST. JOHNSBURY & LAMOILLE COUNTY RAILROAD v. CANADIAN PACIFIC RAILWAY COMPANY.

United States District Court, D. Vermont.

April 28, 1972.

Attorney(s) appearing for the Case

Richard E. Davis, and Robert J. Kurrle, Barre, Vt., for plaintiff.

Robert Rachlin, Downs, Rachlin & Martin, St. Johnsbury, Vt., for defendant.

OPINION AND ORDER

OAKES, Circuit Judge (sitting by designation).

I. BACKGROUND

In this diversity case, plaintiff St. Johnsbury & Lamoille County Railroad seeks to recover damages for negligence and breach of warranty from the defendant, Canadian Pacific Railway Company.1 On May 4, 1969, in Danville, Vermont, some distance from the railroad yard in St. Johnsbury, Vermont, fourteen cars of a train owned and operated...

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