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SOUTHERN PACIFIC TRANSPORTATION COMPANY v. LUECK

No. 11768-PR.

112 Ariz. 277 (1975)

540 P.2d 1258

SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware Corporation, Appellant, v. Melanie LUECK in her Individual capacity and as surviving widow of William T. Lueck, Appellee.

Supreme Court of Arizona, In Banc.

Rehearing Denied November 18, 1975.

Attorney(s) appearing for the Case

Bilby, Thompson, Shoenhair & Warnock, by Harold C. Warnock, Richard M. Bilby, Tucson, for appellant.

Barber, Haralson, Giles & Moore, by D. Dale Haralson, Tucson, for appellee.

The Association of Trial Lawyers of America, Arizona Branch by Robert G. Begam, Phoenix, amicus curiae.

STRUCKMEYER, Vice Chief Justice.

On February 18, 1975, while this matter was pending for decision, appellant Southern Pacific Transportation Company filed with this Court a motion to supplement the record. The motion was supported by an affidavit that the plaintiff's reconstruction expert, one A.W. Dickinson, did not have the expert qualifications to which he had testified at the trial. It was based on newly discovered evidence and filed assertedly under the authority...

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