WEICK, Circuit Judge.
The action was originally brought in the Common Pleas Court of Lucas County, Ohio, to recover damages for personal injuries sustained by the decedent, Frank Eisenhauer, and for his wrongful death arising out of an accident occurring in the Toledo Terminal Yards of Norwalk Truck Lines, Inc. (Norwalk) when he was struck by a tractor owned by P and P Transport, Inc. (P and P) and driven by its employee Burger. Eisenhauer was an employee
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