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BURDIS v. TEXAS & PACIFIC RY. CO.

No. 75-4357.

569 F.2d 320 (1978)

Lionel BURDIS, Plaintiff-Appellant, v. The TEXAS & PACIFIC RAILWAY COMPANY, Defendant-Appellee, Commercial Union Insurance Company, Intervenor.

United States Court of Appeals, Fifth Circuit.

March 13, 1978.

Attorney(s) appearing for the Case

Ralph D. Hillman, Thibodaux, La., for plaintiff-appellant.

J. Barnwell Phelps, Esmond Phelps, II, New Orleans, La., for defendant-appellee.

Charles J. LeBlanc, Thibodaux, La., for other interested parties.

Before GOLDBERG, AINSWORTH and FAY, Circuit Judges.

AINSWORTH, Circuit Judge:

Plaintiff Lionel Burdis, a Louisiana resident, brought this diversity action, see 28 U.S.C. § 1332, against defendant Texas & Pacific Railway Company (hereinafter "Texas & Pacific"), a Texas corporation, for personal injuries allegedly arising out of an accident which occurred on October 24, 1974, at approximately 9 a. m., when a railroad locomotive owned by Texas & Pacific collided with an automobile in which Burdis...

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