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SOUTHERN PAC. TRANSP. CO. v. SMITH MATERIAL

No. 78-1140.

616 F.2d 111 (1980)

SOUTHERN PACIFIC TRANSPORTATION CO. et al., Plaintiffs-Appellees, v. SMITH MATERIAL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 25, 1980.

Attorney(s) appearing for the Case

Pike Powers, Jr., Austin, Tex., Michael L. Baker, Beaumont, Tex., for defendant-appellant.

Mehaffy, Weber, Keith & Gonsoulin, Robert Q. Keith, Daniel V. Flatten, Beaumont, Tex., for plaintiffs-appellees.

Before COLEMAN, Chief Judge, and REAVLEY and ANDERSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 25, 1980.

REAVLEY, Circuit Judge:

This diversity case, Texas law controlling, concerns a collision between a truck and a train. Southern Pacific Transportation Co. ("Southern Pacific") and the National Railroad Passenger Corp. ("Amtrak"), acting as a single entity, sued Smith Material Corp. ("Smith") for damages to its train tracks and cars when a truck driven by a Smith employee collided with the train at a railroad...

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