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PERRICONE v. KANSAS CITY SOUTHERN RY. CO.

No. 79-2289.

630 F.2d 317 (1980)

Luke Joseph PERRICONE, Plaintiff-Appellee, v. The KANSAS CITY SOUTHERN RAILWAY COMPANY, Defendant-Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

November 12, 1980.

Attorney(s) appearing for the Case

Roger S. McCabe, Beaumont, Tex., Brian R. Davis, Austin, Tex., for defendant-appellant.

Gilbert Adams, Jr., Richard J: Clarkson, Beaumont, Tex., for United States Fidelity and Guaranty Co.

W. E. Harper, Beaumont, Tex., for plaintiff-appellee.

Before COLEMAN, Chief Judge, RUBIN and WILLIAMS, Circuit Judges.

COLEMAN, Chief Judge.

This is a diversity action against the defendant railroad for personal injuries and property loss allegedly sustained in a one car accident which occurred while the plaintiff, Luke Joseph Perricone, on the clear, dry day of January 23, 1976, was driving his 1970 Plymouth across the defendant's railroad tracks at the Archie Street crossing in Beaumont, Texas. There was a jury verdict of $170,000 in favor of the plaintiff, which we reverse and...

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