POTTER v. ST. LOUIS-SAN FRANCISCO RY. CO.

No. 79-1965.

622 F.2d 979 (1980)

L. Curtis POTTER, Executor of the Estate of Dorothy R. Potter, Deceased, and L. Curtis Potter, Appellants, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 9, 1980.

Rehearing Denied June 25, 1980.


Attorney(s) appearing for the Case

Ben Ely, Jr., Kortenhof & Ely, St. Louis, Mo. (argued), and Ray White, III, St. Louis, Mo., on brief, for appellants.

Gerald D. Morris, Asst. Gen. Counsel, St. Louis-S.F. Railway Co., St. Louis, Mo. (argued), and Donald E. Engle, St. Louis, Mo., on brief, for appellee.

Before HEANEY and ARNOLD, Circuit Judges, and SACHS, District Judge.


SACHS, District Judge.

This diversity case arose out of a collision between a vehicle driven by L. Curtis Potter (in which his wife Dorothy R. Potter was a passenger) and a train operated by defendant. Mrs. Potter's executor (Mr. Potter) obtained a $30,000 judgment against the railroad for her injuries sustained in the collision. The railroad counterclaimed against Mr. Potter personally, seeking contribution. The district court1 overruled...

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