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POWER v. UNION PAC. R. CO.

No. 79-4260.

655 F.2d 1380 (1981)

Frances L. POWER, individually, and as administratrix of the Estate of Marilyn K. Power, Plaintiff-Appellee, v. UNION PACIFIC RAILROAD CO., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 17, 1981.

Attorney(s) appearing for the Case

Robert R. Davis, Jr., Lane, Powell, Moss & Miller, Seattle, Wash., for defendant-appellant.

Richard T. Vlosich, Tacoma, Wash., (argued), for railroad-appellee; Frederick B. Hayes, P.C., Tacoma, Wash., on brief.

Before BROWNING and TANG, Circuit Judges and HEMPHILL, District Judge.

TANG, Circuit Judge.

Frances Power, individually and as administratrix, brought this wrongful death action against Union Pacific, alleging that her daughter Marilyn's death resulted from the negligent operation of a Union Pacific train. Union Pacific invoked diversity jurisdiction and removed the action to federal court. After a trial without jury, the district court found Union Pacific twenty-five percent negligent, and...

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