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McCLAIN v. SEABOARD COAST LINE RAILROAD COMPANY

No. 72-2913. Summary Calendar.

473 F.2d 357 (1973)

Robert McCLAIN, by and through his father, Roy McClain, as Next Friend, Plaintiff-Appellant, v. SEABOARD COAST LINE RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 1, 1973.

Attorney(s) appearing for the Case

Donald D. Rentz, Albany, Ga., for plaintiff-appellant.

J. W. Walters, Albany, Ga., for defendant-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

PER CURIAM:

This is a diversity action arising out of an accident that occurred in a switchyard owned and operated by defendant-appellee, Seaboard Coast Line Railroad Company. After the jury returned a verdict for plaintiff-appellant, Robert McClain, the trial judge granted defendant's motions for judgment notwithstanding the verdict and in the alternative for a new trial. Finding that there was sufficient evidence adduced for a reasonable person to find for plaintiff...

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