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HARPER v. MONTEAGLE INN, INC.

No. CIV-4-77-20.

498 F.Supp. 913 (1978)

Jon William HARPER et al., Plaintiffs, v. MONTEAGLE INN, INC. et al., Defendants.

United States District Court, E. D. Tennessee, Winchester Division.

April 27, 1978.

Attorney(s) appearing for the Case

J. D. Lee, Madisonville, Tenn., for plaintiffs.

John D. McMahan, Fred M. Milligan, Chattanooga, Tenn., and John M. McCord, Tullahoma, Tenn., for defendants.

NEESE, District Judge.

The defendants Louisville and Nashville Railroad Company and Mr. Schearer moved the Court to strike all allegations of the plaintiffs' amended complaint herein relating to the former's failure to establish and maintain warning signs, signals, gates, lights, etc. at its crossing involved herein. The thrust of such motion is that, under Tennessee law, there was no duty upon it to erect or maintain any of the same. The plaintiffs failed to make...

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