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RUDISILL v. SOUTHERN RY. CO.

Civ. No. A-C-75-182.

424 F.Supp. 1102 (1976)

Elsie W. RUDISILL and Coal, Feed & Lumber Company, Inc., Plaintiffs, v. SOUTHERN RAILWAY COMPANY, Defendant.

United States District Court, W. D. North Carolina, Asheville Division.

February 27, 1976.

Attorney(s) appearing for the Case

James P. Erwin, Jr., McGuire, Wood, Erwin & Crow, Asheville, N. C., for plaintiffs.

Bennett, Kelly & Cagle, Asheville, N. C., for defendant.

MEMORANDUM AND ORDER

WOODROW WILSON JONES, Chief Judge.

THIS case arises out of a derailment of a Southern Railway freight train on January 22, 1972, in the Town of Marshall, North Carolina. As a result of this derailment certain buildings belonging to the Plaintiffs were damaged and this action was instituted in the Superior Court of Madison County to recover for such losses. The Defendant, pursuant to 28 U.S.C.A. 1441, removed the case to the United States...

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