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REYES v. MISSOURI PAC. R. CO.

No. 76-3689.

589 F.2d 791 (1979)

Joel REYES, Plaintiff-Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 13, 1979.

Attorney(s) appearing for the Case

S. Bennett Sharber, Downman, Jones & Granger, Houston, Tex., for plaintiff-appellant.

Thomas Gilbert Sharpe, Jr., Brownsville, Tex., for defendant-appellee.

Before HILL and RUBIN, Circuit Judges, and HIGGINBOTHAM, District Judge.

JAMES C. HILL, Circuit Judge:

In this diversity case plaintiff-appellant challenges1 the admission into evidence of his four prior misdemeanor convictions for public intoxication, introduced for the purpose of showing that he was intoxicated on the night that he was run over by defendant-appellee's train. We agree with appellant, finding the evidence of his prior convictions to be inadmissible under Rule 404(a) of the Federal Rules of...

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