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STEED v. CENTRAL OF GEORGIA RAILWAY COMPANY

No. 72-2609.

477 F.2d 1303 (1973)

J. P. STEED, Plaintiff, v. CENTRAL OF GEORGIA RAILWAY COMPANY, Defendant-Third Party Plaintiff-Appellee, v. RIEGEL TEXTILE CORPORATION, Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 1, 1973.

Attorney(s) appearing for the Case

James E. Clark, Birmingham, Ala., for appellant.

Will Sadler, Jr., W. J. Sullivan, Birmingham, Ala., for appellee.

Before RIVES, GOLDBERG and MORGAN, Circuit Judges.

RIVES, Circuit Judge :

In this diversity case, Riegel Textile Corporation appeals from a summary judgment granted against it for $403,105.60 on the motion of Central of Georgia Railway Company. We reverse.

The claim arises out of an accident that occurred on December 30, 1966, when J. P. Steed, a trainman-employee of Central, was injured while switching railroad cars for Central to the plant of Riegel in Trion, Georgia. A moving car, on which Steed was riding...

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