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MENKE v. SOUTHERN RY. CO.

No. 78-2243.

603 F.2d 1281 (1979)

Linda Galloway MENKE, Personal Representative of the Estate of Michael Ray Galloway, Deceased, Plaintiff-Appellee, v. The SOUTHERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 17, 1979.

Attorney(s) appearing for the Case

David R. Joest, Evansville, Ind., for defendant-appellant.

Daniel J. McGinn, Evansville, Ind., for plaintiff-appellee.

Before PELL, Circuit Judge, MOORE, Senior Circuit Judge, and WOOD, Circuit Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

The plaintiff-appellee, Linda Galloway Menke as the personal representative of the estate of Michael Ray Galloway, initiated this wrongful death action in an Indiana state court against the defendant-appellant, Southern Railway Company (Southern). Galloway died when a train operated by Southern collided with the truck he was driving. The action was removed to the federal district court and tried before a jury, Southern now appeals...

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