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MACFARLANE v. CANADIAN PACIFIC RY. CO.

Docket No. 01-7083.

278 F.3d 54 (2002)

Mary Ester MACFARLANE, individually and as Administrator of the Estate of D. Kenneth Macfarlane, Patrick Macfarlane, Scott Macfarlane, Christopher Macfarlane and Kelly Gill, Plaintiffs-Appellants, v. CANADIAN PACIFIC RAILWAY COMPANY as Successor in Interest to FKA Delaware and Hudson Railroad Co., Inc. and National Railroad Passenger Corporation d/b/a Amtrak, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 2, 2002.

Attorney(s) appearing for the Case

Kaveh S. Shahi, Rutland, VT (Cleary Shahi Associates, P.C.), for Plaintiffs-Appellants Mary Ester Macfarlane, Patrick Macfarlane, Scott Macfarlane, Christopher Macfarlane and Kelly Gill.

Craig Weatherly, Burlington, VT (Gravel and Shea), for Defendants-Appellees Canadian Pacific Railway Company and National Railroad Passenger Corporation d/b/a Amtrak.

Before: FEINBERG, CARDAMONE, and POOLER, Circuit Judges.

FEINBERG, Circuit Judge.

This appeal arises out of a wrongful death action brought by Mary Ester Macfarlane (the widow of D. Kenneth Macfarlane), individually and as administrator of the estate of D. Kenneth Macfarlane, and her children (collectively Macfarlane) against National Railroad Passenger Corporation (Amtrak) and Canadian Pacific Railway Company (Canadian Pacific), for damages caused by a collision between an Amtrak passenger train and a pick-up truck in...

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