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BERNARD v. FLORIDA EAST COAST RY. CO.

No. 78-2086.

624 F.2d 552 (1980)

Richard J. BERNARD, Plaintiff-Appellee Cross-Appellant, v. FLORIDA EAST COAST RAILWAY COMPANY, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

August 20, 1980.

Attorney(s) appearing for the Case

Jones & Foster, Marjorie D. Gadarian, West Palm Beach, Fla., for defendant-appellant cross-appellee.

Edna L. Caruso, West Palm Beach, Fla., Walter A. Engdahl, Boca Raton, Fla., Dort S. Bigg, Paul R. Kfoury, Manchester, N. H., Christian D. Searcy, West Palm Beach, Fla., for plaintiff-appellee cross-appellant.

Before BROWN, HILL and RANDALL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

In the early morning hours of March 16, 1974, Richard Bernard was found lying beside railroad tracks owned by the Florida East Coast Railway Company (the Railroad). Bernard's legs had been severed by a train owned and operated by the Railroad.

Bernard commenced this diversity action in the United States District Court for the Southern District of Florida, claiming that his injuries were caused by the negligence of the Railroad...

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