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MINKER v. ST. LOUIS-S. F. RY. CO.

Nos. 76-1843 and 76-1853.

574 F.2d 1056 (1978)

Lloyd E. MINKER and Virginia Minker, husband and wife and surviving parents and next of kin of Freddy Gay Minker, Deceased, Plaintiffs-Appellees, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a Foreign Corporation and Paula Jean Carroll Davison, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided April 28, 1978.

Attorney(s) appearing for the Case

Wm. S. Hall, III, Tulsa, Okl. (Green, Feldman & Hall, Tulsa, Okl., on the brief), for plaintiffs-appellees.

Ben Franklin, Oklahoma City, Okl., for defendant-appellant St. Louis-San Francisco Ry. Co.

Joseph A. Sharp, Tulsa, Okl. (Jack M. Thomas, Tulsa, Okl., on the brief), for Paula Jean Carroll Davison.

Best, Sharp, Thomas & Glass, Tulsa, Okl., Franklin, Harmon & Satterfield, Inc., Oklahoma City, Okl., of counsel; Donald E. Engle, St. Louis, Mo., on the brief, for defendants-appellants.

Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.

McWILLIAMS, Circuit Judge.

Lloyd and Virginia Minker, the surviving parents of Freddy Minker, brought a wrongful death action against the St. Louis-San Francisco Railway Company and Paula Jean Davison. Freddy Minker, age eighteen, was killed in a railroad crossing accident between an automobile and a train. At the time of the accident he was a passenger in a car being driven by Paula Jean Davison. The St. Louis-San Francisco Railway Company was the owner and operator...

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