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PERKINS v. NATIONAL R. R. PASSENGER CORP.

No. 47876.

289 N.W.2d 462 (1979)

Irene PERKINS, as Trustee for Surviving Spouse and Next of Kin of Patrick J. Perkins, Deceased, Appellant, v. NATIONAL RAILROAD PASSENGER CORPORATION, d.b.a. AMTRAK, et al., Respondents, Public Service Commission, Department of Public Service, State of Minnesota, Respondent.

Supreme Court of Minnesota.

November 9, 1979.

Attorney(s) appearing for the Case

Hansen, Dordell & Bradt, Wayne P. Dordell and J. Mark Catron, St. Paul, for appellant.

Rider Bennett, Egan & Arundel, Stuart W. Rider, Jr., and Roger R. Roe, Jr., Minneapolis, for Nat. Railroad Passenger Corp., et al.

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., David W. McKenna and John M. Sands, Sp. Asst. Attys. Gen., St. Paul, for Public Service Commission, Dept. of Public Service, State of Minnesota.

Heard, considered and decided by the court en banc.

YETKA, Justice.

This is an appeal by plaintiff Irene Perkins as trustee for surviving spouse and next of kin of Patrick J. Perkins, deceased, from judgment entered pursuant to a five-sixths verdict in favor of defendants Chicago, Milwaukee, St. Paul and Pacific Railroad Co. (Milwaukee Road), National Railroad Passenger Corp. (AMTRAK), M. H. McClintock (train engineer), and Minnesota Public Service Commission1 and from the order of the...

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