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FLUOR ENGIN. & CONST. v. SOUTHERN PACIFIC TRANSP.

No. 83-2756.

753 F.2d 444 (1985)

FLUOR ENGINEERS AND CONSTRUCTORS, INC., Plaintiffs, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, et al., Defendants-Cross Defendants-Appellees, v. NORFOLK & WESTERN RAILWAY COMPANY, Defendant-Cross Plaintiff-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 2, 1985.

Attorney(s) appearing for the Case

Fulbright & Jaworski, Paul L. DeVerter, II, Sawnie A. McEntire, Roger Townsend, Houston, Tex., for defendant-cross plaintiff-appellant.

Crain, Caton, James & Womble, Patricia Hair, W.T. Womble, Houston, Tex., for defendants-cross defendants-appellees.

Tekell, Book & Matthews, Kenneth Tekell, Houston, Tex., for American Hoist & Derrick.

Before CLARK, Chief Judge, WISDOM and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 2, 1985.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The Norfolk & Western Railway Company appeals from a jury's determination that it negligently caused a train derailment. Perceiving no error in the proceedings below, we affirm the district court's entry of judgment on the verdict.

I

This suit arises out of a train derailment that occurred on November 30, 1975 on the Southern Pacific's San Jacinto...

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