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GRAHAM v. CHICAGO, R. I. & P. RY. CO.

Civ. No. CIV-75-0728-D.

431 F.Supp. 444 (1976)

Paul GRAHAM, d/b/a the Graham Seed Company, Plaintiff, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a Delaware Corporation, Defendant.

United States District Court, W. D. Oklahoma.

February 25, 1976.

Attorney(s) appearing for the Case

John H. Kennedy, Oklahoma City, Okl., James F. Bennett, Duncan, Okl., for plaintiff.

Loyd Benefield, Charles L. Freede, Donald E. DeSpain, Oklahoma City, Okl., for defendant.

ORDER

DAUGHERTY, Chief Judge.

In this diversity action Plaintiff seeks recovery for damages allegedly sustained as a result of Defendant's negligent operation of its railroad. Plaintiff alleges that on November 30, 1974 a train operated by Defendant derailed in Marlow, Oklahoma while traveling south on a track owned and maintained by Defendant. At the time of the wreck Plaintiff operated a business at a point approximately 50 feet south of the point of derailment...

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