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JOHNSON v. WASHINGTON METRO. AREA TRANSIT AUTH.

No. 88-7073.

883 F.2d 125 (1989)

Eleanor T. JOHNSON, et al., Appellants v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.

United States Court of Appeals, District of Columbia Circuit.

Decided August 22, 1989.

Attorney(s) appearing for the Case

David T. Smorodin, Washington, D.C., with whom W. David Allen, Seabrook, Md., was on the brief, for appellants.

Bruce P. Heppen, with whom Fredric H. Schuster, Gerard J. Stief, Robert J. Kniaz and Robert L. Polk, Washington, D.C., were on the brief, for appellee.

Sara E. Lister also entered an appearance for appellee.

Before MIKVA and RUTH BADER GINSBURG, Circuit Judges, and HOGAN, District Judge.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

Eleanor and Franklin Johnson's daughter was struck and killed by a Washington Metropolitan Area Transit Authority ("WMATA") subway car. The district court dismissed their suit against WMATA on summary judgment. We conclude that the district court erred in finding that certain internal inconsistencies in the testimony of two witnesses rendered that testimony inherently incredible. Because...

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