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BARCLAY v. BURLINGTON NORTHERN, INC.

No. 75-1401.

536 F.2d 263 (1976)

Lois BARCLAY, Special Administratrix of the Estate of Walter Barclay, Jr., Deceased, Appellee, v. BURLINGTON NORTHERN, INC., a corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 8, 1976.

Attorney(s) appearing for the Case

Harry B. Otis, Omaha, Neb., for appellant; Philip L. Garland, Omaha, Neb., on brief.

Joseph K. Meusey, Omaha, Neb., for appellee; Patrick H. McDonnell, Omaha, Neb., on brief.

Before HEANEY, ROSS and WEBSTER, Circuit Judges.

WEBSTER, Circuit Judge.

Burlington Northern, Inc. appeals from a judgment of the District Court in this diversity action tried under Nebraska law awarding appellee Lois Barclay $71,833.00 in damages resulting from a fatal accident at a public railroad crossing in Homer, Nebraska. On appeal, the railroad seeks reversal on three grounds: (1) that there was insufficient evidence of its failure to give proper warnings to submit...

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