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CASE v. CHESAPEAKE & OHIO R. CO.

No. 81-5880.

712 F.2d 1089 (1983)

James Martin CASE, Plaintiff-Appellant, v. CHESAPEAKE AND OHIO RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 1, 1983.

Attorney(s) appearing for the Case

Arnold Turner, Jr. (argued), Prestonsburg, Ky., for plaintiff-appellant.

James E. Cleveland, III (argued), Paul C. Hobbs, Ashland, Ky., Donald Combs, Stephens, Combs & Page, Pikeville, Ky., for defendant-appellee.

Before EDWARDS, Chief Circuit Judge, ENGEL, Circuit Judge, and PHILLIPS, Senior Circuit Judge.

GEORGE CLIFTON EDWARDS, Jr., Chief Circuit Judge.

This case was decided as a matter of law by the District Court on the Chesapeake and Ohio Railway Company motion for summary judgment. Case's appeal contends that, under applicable Kentucky law and the particular facts set forth in his complaint, he was entitled to a jury trial. We agree and reverse for trial.

Appellant Case, a 34 year old resident of Garrett, Kentucky (population approximately

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