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PARKER v. SEABOARD COASTLINE R.R.

No. 77-1090.

573 F.2d 1004 (1978)

Glendon PARKER, Administrator of the Estate of Donald Wayne Parker, Deceased, and Raymond Moore, Administrator of the Estate of Albert Jacob Moore, Deceased, Appellants, v. SEABOARD COASTLINE RAILROAD and ACF Industries, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 4, 1978.

Rehearing and Rehearing Denied May 1, 1978.

Attorney(s) appearing for the Case

Henry Woods of McMath, Leatherman & Woods, Little Rock, Ark., for appellant; Sidney S. McMath, Little Rock, Ark., filed brief.

J. C. Deacon and G. D. Walker, Jonesboro, Ark., for appellee.

Before MATTHES, Senior Circuit Judge, STEPHENSON, Circuit Judge, and WANGELIN, District Judge.

Rehearing and Rehearing En Banc Denied May 1, 1978.

STEPHENSON, Circuit Judge.

Appellant-plaintiffs brought two separate actions for wrongful death against ACF Industries, Inc., the manufacturer of a hopper car, and Seaboard Coastline Railroad, the supplier of the hopper car, on theories of negligence and strict liability after plaintiffs' decedents suffocated while unloading the hopper car of fertilizer. The cases...

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