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LOPEZ v. SOUTHERN PACIFIC COMPANY

No. 73-1675.

499 F.2d 767 (1974)

Jose LOPEZ and First National Bank in Albuquerque, Co-Administrators and Personal Representatives of the Estates of Cecilia Cardiel de Lopez, et al., Plaintiffs-Appellees, v. SOUTHERN PACIFIC COMPANY, a corporation, Defendant-Appellant, Third Party Plaintiff, v. The CITY OF ALAMOGORDO, NEW MEXICO, Third Party Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided July 1, 1974.

Rehearing Denied July 25, 1974.

Attorney(s) appearing for the Case

W. B. Kelly, Santa Fe, N. M., for defendant-appellant, third party plaintiff.

Richard E. Ransom, Albuquerque, N. M., for plaintiffs-appellees.

Edward E. Triviz, Las Cruces, N. M., for third party defendant-appellee.

Before HILL and DOYLE, Circuit Judges, and DURFEE, Judge.

HILL, Circuit Judge.

In this diversity action Southern Pacific Transportation Company appeals a $150,000 jury verdict awarded appellees for the wrongful deaths of three members of the Domingo Lopez family. Appellant also challenges the trial court's dismissal of the City of Alamogordo, New Mexico, as a third party defendant.

Pertinent facts leading up to this appeal include the following. The Domingo Lopez family lived in a residential area outside the city...

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