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SZYMANSKI v. COLUMBIA TRANS. CO.

No. 95-3205.

154 F.3d 591 (1998)

Connie SZYMANSKI, Administratrix of the Estate of Stanley Szymanski, Plaintiff-Appellant, v. COLUMBIA TRANSPORTATION COMPANY, A DIVISION OF OGLEBAY-NORTON CO., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 31, 1998.

Attorney(s) appearing for the Case

Leonard C. Jaques, Judith A. Schornack-Smith (briefed), Michael J. Connor (argued), Jaques Admiralty Law Firm, Detroit, MI, for Plaintiff-Appellant.

Harold W. Henderson (argued and briefed), Thompson, Hine & Flory, Clevelantd, OH, for Defendant-Appellee.

Before: MARTIN, Chief Judge; and MERRITT, KENNEDY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE, and COLE, Circuit Judges.

BOGGS, J., delivered the opinion of the court, in which MERRITT, KENNEDY, NELSON, RYAN, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, and COLE, JJ., joined. MOORE, J. (pp. 597-601), delivered a separate dissenting opinion, in which MARTIN, C. J., and DAUGHTREY, J., joined.

OPINION

BOGGS, Circuit Judge.

This case fundamentally concerns the application of the Supreme Court's consolidated decisions in Consolidated Rail Corp. v. Gottshall, ...

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