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LOWRY v. BALTIMORE & OHIO R. CO.

No. 81-1976.

707 F.2d 721 (1983)

Lucile LOWRY and Lowry-Zweig Corp., Appellants v. The BALTIMORE & OHIO RAILROAD COMPANY, The Chesapeake & Ohio Railroad Company and Chessie System, Inc.

United States Court of Appeals, Third Circuit.

Reargued November 8, 1982.

Decided May 10, 1983.

Attorney(s) appearing for the Case

Robert B. Block (Argued), Pomerantz, Levy, Haudek & Block, New York City, Leonard M. Mendelson, Hollinshead & Mendelson, Pittsburgh, Pa., for Lucile Lowry and Lowry-Zweig Corp.

Richard T. Wentley (Argued), Anthony J. Basinski, Terrance K. Livingston, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for Baltimore and Ohio R. Co., The Chesapeake and Ohio R. Co. and Chessie System, Inc.

Michael P. Malakoff, Berger, Kapetan, Malakoff & Meyers, P.C., Pittsburgh, Pa., for amicus curiae, Pittsburgh Terminal Corp., Monroe Guttmann, Loretta Guttmann, Janet Rees and Evelyn Bittner.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, HUNTER, GARTH, SLOVITER and BECKER, Circuit Judges.

Reargued In Banc November 8, 1982.

Argued Dec. 16, 1981.

Before ADAMS, GIBBONS and GARTH, Circuit Judges.

Reargued In Banc Nov. 8, 1982.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, HUNTER, GARTH, SLOVITER and BECKER, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

Lucile Lowry and Lowry-Zweig Corporation appeal from a summary judgment dismissing their...

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