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OWENS v. INTERNATIONAL PAPER CO.

No. 74-3646.

528 F.2d 606 (1976)

Elvenier OWENS, mother, et al., etc., Plaintiffs-Appellants, v. INTERNATIONAL PAPER COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 3, 1976.

Attorney(s) appearing for the Case

Boyce Holleman, Jim W. Rose, Gulfport, Miss., for plaintiffs-appellants.

Rae Bryant, Gulfport, Miss., for defendant-appellee.

Before GEWIN, COLEMAN and GEE, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 3, 1976.

GEE, Circuit Judge:

This wrongful death action under Mississippi law was brought by the statutory heirs and beneficiaries of young Ronald Owens, who was killed when the automobile he was driving struck a flatcar standing on a spur track where it crossed Old Highway 49, near Wiggins, Mississippi.1 The trial judge granted an instructed verdict against plaintiffs at the close of...

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