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KLOEWER v. BURLINGTON NORTHERN, INC.

No. 74-1399.

512 F.2d 300 (1975)

Mary Ann KLOEWER, Special Administratrix of the Estate of Joseph P. Kloewer, Deceased, Appellee, v. BURLINGTON NORTHERN, INC., a corporation, Appellant, and R. E. Reutzel Co., a corporation.

United States Court of Appeals, Eighth Circuit.

Decided March 12, 1975.

Attorney(s) appearing for the Case

Harry B. Otis, Omaha, Neb., for appellant.

John E. North, Omaha, Neb., for appellee.

Before LAY, STEPHENSON and WEBSTER, Circuit Judges.

LAY, Circuit Judge.

This wrongful death diversity case tried under Nebraska law evolved from a fatal accident at a farm railroad crossing in Cass County, Nebraska. The Burlington Northern Railroad appeals an $80,-000 verdict rendered against it. On appeal the railroad urges us to vacate the judgment on three grounds: (1) that the plaintiff's decedent, Joseph P. Kloewer, was guilty of contributory negligence as a matter of...

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