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THOMPSON v. NATIONAL R. R. PASSENGER CORP.

Nos. 79-1343 to 79-1350.

621 F.2d 814 (1980)

Randall Brent THOMPSON et al., Plaintiffs-Appellees and Cross-Appellants, v. NATIONAL RAILROAD PASSENGER CORPORATION and Louisville and Nashville Railroad Company, Defendants-Appellants and Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 21, 1980.

Rehearing and Rehearing Denied July 15, 1980.

Attorney(s) appearing for the Case

Tyree B. Harris, Dodson, Harris, Robinson & Aden, Nashville, Tenn., Hugh C. Griffin, Lord, Bissell & Brook, Chicago, Ill., for defendants-appellants and cross-appellees in all cases.

A. B. Neil, Jr., Nashville, Tenn., for plaintiffs-appellees and cross-appellants in Nos. 79-1343 and 79-1344.

Louis Farrell, Jr., Farrell & McCoy, Nashville, Tenn., for plaintiffs-appellees and cross-appellants in all cases.

George J. Murtaugh, Jr., Coghlan, Joyce & Nillis, Chicago, Ill., for plaintiffs-appellees and cross-appellants in Nos. 79-1347 and 79-1348.

Powers McGuire, Crystal Lake, Ill., for plaintiffs-appellees and cross-appellants in Nos. 79-1349 and 79-1350.

Before KEITH, KENNEDY and BOYCE F. MARTIN, Jr., Circuit Judges.

Rehearing and Rehearing En Banc Denied July 15, 1980.

CORNELIA G. KENNEDY, Circuit Judge.

The plaintiffs in these consolidated cases are passengers who sustained injuries in the derailment of a National Railroad Passenger Corp. (Amtrak) train in Tennessee on October 1, 1975. The train was being operated at the time by employees of the Louisville & Nashville Railroad Co. (hereinafter L & N) and the derailment occurred on track owned by L & N. Amtrak...

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