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LUCK v. BALTIMORE AND OHIO RAILROAD COMPANY

No. 73-1276.

510 F.2d 663 (1974)

Alva Laverne LUCK and Jenell A. Baker, a minor child, Appellants, v. The BALTIMORE AND OHIO RAILROAD COMPANY.

United States Court of Appeals, District of Columbia Circuit.

Decided December 5, 1974.

As Amended February 28, 1975.

Rehearing Denied March 10, 1975.

Attorney(s) appearing for the Case

John A. Keats, Washington, D. C., for appellant.

Laidler B. Mackall, Washington, D. C., with whom Scott R. Schoenfeld, Washington, D. C., was on the brief for appellee.

Before TAMM and ROBINSON, Circuit Judges, and HART, Chief Judge for the District Court for the District of Columbia.

TAMM, Circuit Judge:

Plaintiff-appellant Alva Laverne Luck, individually and on behalf of her daughter, the minor-plaintiff Jenell Baker, commenced this negligence action in district court against defendant-appellee Baltimore & Ohio Railroad Co. The case was tried to a jury, which returned a $2,000 verdict for appellant as representative of the minor-plaintiff. Appellant moved for a new trial limited to the determination of damages, see Fed.R. Civ.P. 59...

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