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GONZALES v. DENVER & RIO GRANDE WEST. R. CO.

No. 83CA0581.

686 P.2d 1362 (1984)

Bertha GONZALES, Plaintiff-Appellant, v. THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied March 29, 1984.

Certiorari Denied September 4, 1984.

Attorney(s) appearing for the Case

Hartley, Obernesser & Vaglica, Dennis W. Hartley, Colorado Springs, for plaintiff-appellant.

Kathleen M. Snead, Denver, for defendant-appellee.

ENOCH, Chief Judge.

In this wrongful death action, the plaintiff, Bertha Gonzales, appeals the trial court's entry of summary judgment in favor of defendant, Denver and Rio Grande Western Railroad Company. We affirm.

On September 17, 1978, a train and car collision occurred in which the driver of the car, Fidel Gonzales, was killed. On September 8, 1980, plaintiff, wife of the decedent, filed a wrongful death action in the U.S. District Court of Colorado....

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