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NEWMAN v. MISSOURI PAC. RY. CO.

No. 75-1231.

545 F.2d 439 (1977)

Robert J. NEWMAN, Jr., Plaintiff-Appellee Cross-Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY and J. I. Brown, Jr., Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

January 13, 1977.

Attorney(s) appearing for the Case

Daniel J. O'Beirne, Jim C. Blough, Natchez, Miss., for defendants-appellants cross-appellees.

W. F. Riley, Claude Pintard, Jr., J. Walter Brown, Jr., Natchez, Miss., for plaintiff-appellee cross-appellant.

Before RIVES, GOLDBERG and CLARK, Circuit Judges.

RIVES, Circuit Judge:

At about 2:30 a.m. on November 6, 1971, plaintiff Robert J. Newman, Jr., was driving an automobile north along a public highway near Natchez, Mississippi, approaching a railroad spur crossing. At the same time a railroad engine was backing down the spur tracks in an easterly direction, approaching the crossing from the west. After the Newman car was allegedly too near to stop short of the tracks, the...

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