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PATE v. SEABOARD R.R., INC.

No. 86-8298.

819 F.2d 1074 (1987)

Lewis and Carolyn PATE, Velma Hinton, and John L. Killingsworth, Plaintiffs-Appellants, v. SEABOARD RAILROAD, INC., d/b/a Seaboard Systems, Defendant-Third Party Plaintiff-Appellee, Brian N. McTamney, Third Party Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 23, 1987.

Attorney(s) appearing for the Case

John H. Ridley, Atlanta, Ga., for Pate.

Richard L. Mullins, Timothy N. Shepherd, Andrew J. Whalen, III, Griffin, Ga., for Hinton & Killingsworth.

Paul R. Bennett, Billy E. Moore, Columbus, Ga., Robert D. Stein, Hapeville, Ga., for McTamney.

Jack H. Senterfitt, Atlanta, Ga., for Seaboard R.R., Inc.

Before FAY and KRAVITCH, Circuit Judges, and MORGAN, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

At about 11:00 on the night of April 13, 1983, in Haralson, Georgia, nineteen year old Brian McTamney was giving seventeen year old Bobby Pate and fifteen year old Nancy Killingsworth a ride home from an evening of fishing when McTamney's pickup truck was struck by a northbound Seaboard Railroad train. The train impacted the passenger side of McTamney's vehicle, pushing the truck approximately 2100 feet down the tracks before coming to a stop...

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