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TORRES v. SOUTHERN PAC. TRANSP. CO.

Nos. 77-2701, 75-3165.

584 F.2d 900 (1978)

Jesus TORRES and Esther Fabian de Torres, husband and wife, Appellees, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware Corporation, et al., Appellants. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware Corporation, Appellee, v. Jesus TORRES and Esther Fabian de Torres, husband and wife, Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 26, 1979.

Attorney(s) appearing for the Case

John D. Everroad (argued), of Fennemore, Craig, von Ammon & Udall, Robert R. Mills (argued), Evans, Kitchel & Jenckes, Phoenix, Ariz., for Southern Pac. Transp. Co.

G. Michael Jessen (argued), Johnson, Tucker, Jessen, Dake & Murphy, Phoenix, Ariz., for Torres.

Before BARNES and HUG, Circuit Judges, and CURTIS, District Judge.

CURTIS, District Judge:

These two appeals arise out of an action brought by Jesus and Esther Fabian de Torres against the Atchison, Topeka and Santa Fe Railway Company and the Southern Pacific Transportation Company for damages for injuries sustained by the plaintiff while riding on a freight car owned by the Santa Fe but on loan to Southern Pacific. The trial judge granted the Santa Fe's motion for summary judgment from which the plaintiff appeals. After a trial...

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