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ARMIJO v. ATCHISON, TOPEKA AND SANTA FE RY. CO.

No. 95-2114.

87 F.3d 1188 (1996)

Nancy ARMIJO, personal representative of the Estate of Luz Armijo, deceased, Plaintiff-Appellant, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 8, 1996.

Attorney(s) appearing for the Case

Chris S. Key, Albuquerque, New Mexico, for Plaintiff-Appellant.

John S. Thal, Atkinson & Thal, P.C. (Timothy C. Holm and Donald A. DeCandia, Modrall, Sperling, Roehl, Harris & Sisk, P.A., with him on the brief), Albuquerque, New Mexico, for Defendant-Appellee.

Before BALDOCK, BRORBY and EBEL, Circuit Judges.

BRORBY, Circuit Judge.

On October 23, 1987, Luz Armijo was killed when his vehicle collided with a train operated by the Atchison, Topeka and Santa Fe Railway Co. (hereafter "Santa Fe") at the North Gabaldon crossing in Valencia County, New Mexico. Acting as the personal representative for her husband's estate, Nancy Armijo brought this action for wrongful death and punitive damages under New Mexico law, alleging Santa Fe negligently or recklessly failed to provide...

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