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BROUSSARD v. SOUTHERN PAC. TRANSP. CO.

No. 78-3734.

625 F.2d 1242 (1980)

Diana BROUSSARD, Individually and as Administratrix of the Estate of Roy A. Broussard, Deceased, Plaintiff-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 16, 1980.

Attorney(s) appearing for the Case

Franklin D. Houser, Stephen F. Lazor, San Antonio, Tex., for plaintiff-appellant.

Matthews, Nowlin, MacFarlane & Barrett, Ferd. C. Meyer, Jr., Howard P. Newton, San Antonio, Tex., for defendant-appellee.

Before BROWN, HENDERSON and SAM D. JOHNSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 16, 1980.

SAM D. JOHNSON, Circuit Judge:

On August 5, 1976, a Southern Pacific Transportation Company train derailed while on the Roosevelt Avenue Overpass in San Antonio, Texas. One of the boxcars tumbled off the overpass and onto an automobile, killing the driver, Roy Broussard. Broussard's wife subsequently filed his wrongful death action against Southern Pacific for actual and exemplary damages. After extensive...

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