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DIXON v. SOUTHERN PACIFIC TRANSP. CO.

No. 77-2897.

579 F.2d 511 (1978)

Leona DIXON, Administratrix of the Estate of John C. Dixon, Deceased, Plaintiff-Appellee, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 10, 1978.

Attorney(s) appearing for the Case

James H. Clarke, of Dezendorf, Spears, Lubersky & Campbell, Portland, Or., for defendant-appellant.

Miles Sweeney, of Yerkovich, Gilbertson & Brownstein, Portland, Or., for plaintiff-appellee.

Before BROWNING and WALLACE, Circuit Judges, and RENFREW, District Judge.

WALLACE, Circuit Judge:

Southern Pacific Transportation Company (Southern Pacific) appeals from a substantial judgment entered against it in this wrongful death action. Southern Pacific correctly argues that the presiding magistrate committed clear error in the administration of the jury trial. In light of the particular facts of the case, however, we conclude that the error was harmless and therefore affirm.

I

In 1974, Dixon's husband was struck...

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