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ARCHIE BY ARCHIE v. ILLINOIS CENT. GULF R. CO.

No. 83-4079 Summary Calendar.

709 F.2d 287 (1983)

David Lee ARCHIE, by his Mother Juanita ARCHIE, Plaintiff-Appellant, v. ILLINOIS CENTRAL GULF RAILROAD COMPANY, A Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 10, 1983.

Attorney(s) appearing for the Case

McIntyre, Gowan & Gray, Edgar Reeves Jones, William Gray, James G. McIntyre, Jackson, Miss., for plaintiff-appellant.

Wise, Carter, Child & Caraway, Charles T. Ozier, V. Laurie Alexander, Jackson, Miss., for defendant-appellee.

Before GEE, RANDALL and TATE, Circuit Judges.

PER CURIAM:

This Mississippi diversity case comes to us on plaintiff David Lee Archie's appeal from the district court's summary judgment in favor of the defendant railroad. Because we find that this case presents material questions of disputed fact, we vacate the district court's judgment and remand for further proceedings.

In reviewing a district court's grant of summary judgment, we are required to consider the evidence "in the light most favorable to the...

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