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BROUSSARD v. SOUTHERN PAC. TRANSP. CO.

No. 78-3734.

665 F.2d 1387 (1982)

Diana BROUSSARD, Individually and as Administratrix of the Estate of Roy A. Broussard, Deceased, Plaintiff-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 25, 1982.

Attorney(s) appearing for the Case

Franklin D. Houser, Stephen F. Lazor, San Antonio, Tex., for plaintiff-appellant.

Matthews, Nowlin, MacFarlane & Barrett, Ferd. C. Meyer, Jr., Howard P. Newton, San Antonio, Tex., for defendant-appellee.

Before GODBOLD, Chief Judge, BROWN, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, THOMAS A. CLARK, WILLIAMS and GARWOOD, Circuit Judges.

SAM D. JOHNSON, Circuit Judge:

In this Texas diversity suit, plaintiff Broussard seeks recovery of actual and punitive damages against defendant Southern Pacific Transportation Company (Southern Pacific) for the death of her husband, which occurred when a boxcar on a train operated by Southern Pacific derailed and tumbled from an overpass onto decedent's automobile. Following extensive discovery, the district court granted a partial summary judgment in favor of Southern...

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