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DE WITT v. WESTERN PACIFIC R. CO.

No. 82-4249.

719 F.2d 1448 (1983)

David DeWITT, Plaintiff-Appellee, v. The WESTERN PACIFIC RAILROAD COMPANY, a corporation, Defendant-Cross Claimant-Appellee, and The Flintkote Company, a corporation, d/b/a U.S. Lime, Defendant-Cross Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 9, 1983.

Attorney(s) appearing for the Case

Peter Davis, Crosby, Heafey, Roach & May, Siegfried Hesse, Oakland, Cal., for plaintiff-appellee.

David W. Gordon, Bronson, Bronson & McKinnon, San Francisco, Cal., for defendant-cross defendant-appellant.

Before DUNIWAY, SWYGERT, and CANBY, Circuit Judges.

DUNIWAY, Circuit Judge:

This is an appeal from a judgment entered upon a jury verdict on claims arising from a railroad collision on a spur line near Salt Lake City, Utah. We affirm and assess attorney's fees and costs in favor of appellees.

I. The Facts.

David DeWitt, a conductor for the Western Pacific Railroad Co., was injured when the train in which he was riding one night collided with two loaded freight cars standing on a spur line leading...

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