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KINCHEN v. MISSOURI PAC. R. CO.

No. 81-3262.

678 F.2d 619 (1982)

Leroy Warren KINCHEN, Plaintiff-Appellant, and North-West Insurance Co., Plaintiff-Intervenor-Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 25, 1982.

Attorney(s) appearing for the Case

C. John Caskey, David W. Robinson, Baton Rouge, La., for plaintiff-appellant.

Michael D. Meyer, New Orleans, La., for North-West Ins. Co.

C. Edgar Cloutier, New Orleans, La., for defendant-appellee.

Before WISDOM, RANDALL and TATE, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 25, 1982.

WISDOM, Circuit Judge:

Railroads are not always liable. Nor does every railroad-crossing case have to be submitted to the jury. This is one case when the facts are so clear that the integrity of the law requires this court to uphold the trial judge's decision to dismiss on a motion for a directed verdict.

Leroy Warren Kinchen appeals a district court order denying him compensation for personal...

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