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SEABOARD COAST LINE R.R. CO. v. SWAIN

No. 52060.

362 So.2d 17 (1978)

SEABOARD COAST LINE RAILROAD COMPANY, a Corporation, Petitioner, v. Myrtice Mae SWAIN, As Personal Representative of the Estate of Gerney Lee Swain, Deceased, and Myrtice Mae Swain, a Widow, Respondent.

Supreme Court of Florida.

Rehearing Denied September 27, 1978.

Attorney(s) appearing for the Case

Joseph P. Milton and Robert E. Warren of Toole, Taylor, Moseley, Milton & Joyner, Jacksonville, for petitioner.

Beckham, McAliley & Proenza, Jacksonville, and Robert Orseck of Podhurst, Orseck & Parks, Miami, for respondent.

DuBose Ausley and William M. Smith of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, for Fla. Railroad Ass'n, amici curiae.

HATCHETT, Justice.

By Petition for Writ of Certiorari, Seaboard Coast Line Railroad Company requests this court to review a decision of the First District Court of Appeal, reported at 347 So.2d 138 (Fla. 1st DCA 1977), on the basis of a conflict with the decision in Houston v. Caldwell, 347 So.2d 1041 (Fla. 4th DCA 1977). We have jurisdiction pursuant to Article V, Section 3(b)(3). We affirm...

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