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SOUTH v. NATIONAL R. R. PASSENGER CORP.

Civ. No. 9664.

290 N.W.2d 819 (1980)

Billy Lee SOUTH and Delores South, husband and wife, Plaintiffs and Appellees, v. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK), Burlington Northern Railroad, Inc., Leslie Roy Strom and S. M. Burdick as Public Special Administrator of the Estate of Howard W. Decker, Deceased, Defendants and Appellants.

Supreme Court of North Dakota.

March 20, 1980.

Attorney(s) appearing for the Case

Davies, Pearson, Anderson, Seinfeld, Gadbow, Hayes & Johnson, Tacoma, Wash., and Ralph S. Oliver, Larimore, for plaintiffs and appellees; appearances by Ralph S. Oliver, Larimore, Alvin A. Anderson, and Edward S. Winskill, argued by Alvin A. Anderson and Edward S. Winskill, Tacoma, Wash.

Nilles, Hansen, Selbo, Magill & Davies, Fargo, for defendants and appellants; argued by Frank J. Magill, Fargo.

PAULSON, Justice.

This is an appeal by the defendants, National Railroad Passenger Corporation (AMTRAK), Burlington Northern Railroad, Inc., Leslie Roy Strom, and S. M. Burdick as Public Special Administrator of the estate of Howard W. Decker, deceased [herein collectively referred to as the "Railroad"], from the judgment of the Grand Forks District Court, entered March 21, 1978, and amended May 12, 1978, in which the court, upon jury verdicts, awarded the plaintiff...

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