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BAILEY v. SOUTHERN PAC. TRANSP. CO.

No. 79-2637 Summary Calendar.

613 F.2d 1385 (1980)

Patricia Ann Phelps BAILEY et al., Plaintiffs-Appellees, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 21, 1980.

Attorney(s) appearing for the Case

Robert Q. Keith, Beaumont, Tex., for defendant-appellant.

Strong, Pipkin, Nelson, Parker & Powers, Kenneth L. Parker, Beaumont, Tex., for Bailey, et al.

Michael L. Baker, Beaumont, Tex., for Alice Rowena Watson.

Before CHARLES CLARK, VANCE, and SAM D. JOHNSON, Circuit Judges.

PER CURIAM:

On November 30, 1976, R. E. Phelps, a 41 year old welder, left home for work at the American Petrofina plant in Groves, Texas. His daily route took him over a grade crossing in Orange County where State Highway 62 intersects the Southern Pacific's tracks. He had traveled this route for many years without incident. On this particular day, however, at approximately 7:00 a. m., a Southern Pacific locomotive sliced his car in two. This tragic accident took...

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