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BRADLEY v. SOUTHERN PACIFIC COMPANY, INC.

No. 71-3521.

486 F.2d 516 (1973)

Henry BRADLEY, (Azalea V. Bradley, as the Personal Representative of Appellant Henry Bradley, for Substitution in the Place and Stead of Appellant Henry Bradley, Deceased), Plaintiff-Appellant, v. SOUTHERN PACIFIC COMPANY, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 5, 1973.

Attorney(s) appearing for the Case

Mrs. Gabrielle K. McDonald, Houston, Tex., William L. Robinson, Jack Greenberg, Morris J. Baller, New York City, for plaintiff-appellant.

V. R. Burch, Jr., Houston, Tex., for Southern Pacific Co., Inc.

James L. Highsaw, Jr., Washington, D. C., J. Curtiss Brown, Houston, Tex., for BRAC.

Before TUTTLE, MORGAN and RONEY, Circuit Judges.

TUTTLE, Circuit Judge:

The court has withheld consideration and decision of this case pending disposition by the court, sitting en banc, Brisco Huff, etc. v. N. D. Cass Company of Alabama, 468 F.2d 172 (5th Cir. 1972), modified on rehearing en banc, 485 F.2d 710 (5th Cir. 1973).

As this Court posed the question before it upon the en banc rehearing in the Huff case...

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