LENZ v. SOUTHERN PACIFIC COMPANY

No. 73-3861. Summary Calendar.

493 F.2d 471 (1974)

Tommy Ray LENZ, etc., et al., Plaintiffs-Appellees, v. SOUTHERN PACIFIC COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 29, 1974.


Attorney(s) appearing for the Case

F. W. Baker, San Antonio, Tex., for defendant-appellant.

William H. Price, Pat Maloney, San Antonio, Tex., for plaintiffs-appellees.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.


PER CURIAM:

On December 24, 1971, Joseph A. Lenz, Jr., was killed when the truck he was driving collided with a Southern Pacific train in Macdona, Texas. A wrongful death action based upon diversity jurisdiction was filed in federal court by the decedent's former wife on behalf of his minor son, Tommy Ray Lenz, and by the decedent's parents. After a jury verdict in their favor a judgment was entered awarding the deceased's parents $15,000 and his minor son $50,000...

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