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TRINIDAD v. SOUTHERN PACIFIC TRANSP. CO.

No. 90-8673.

949 F.2d 187 (1991)

Jesus A. TRINIDAD, Plaintiff-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 27, 1991.

Attorney(s) appearing for the Case

Charlotte Costan, Burbank, Cal., R. Edward Pfiester, Jr., Los Angeles, Cal., for plaintiff-appellant.

David S. Jeans, Karl O. Wyler, III, Kemp, Smith, Duncan & Hammond, El Paso, Tex., for defendant-appellee.

Before GOLDBERG, SMITH, and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

Plaintiff-Appellant Jesus Trinidad seeks review of an adverse jury verdict in his personal injury suit against Southern Pacific Transportation Company. This case presents us with a question of first impression: whether the brake provisions of the Safety Appliance Act (the Act), 45 U.S.C. §§ 1-16, apply to trains during predeparture inspection. Because we find the sections inapplicable,...

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