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FOSHEE v. CONSOLIDATED RAIL CORP.

No. 87-7107.

849 F.2d 657 (1988)

Stanley FOSHEE, et al., Appellants v. CONSOLIDATED RAIL CORPORATION.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 1988.

Attorney(s) appearing for the Case

Michael A. Abelson, Washington, D.C., for appellants.

James B. Sarsfield, with whom Stephen A. Trimble, Washington, D.C., was on the brief, for appellee.

Before WALD, Chief Judge, and STARR and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge STARR.

Dissenting opinion filed by Chief Judge WALD.

STARR, Circuit Judge:

This is an appeal from the District Court's grant of a motion for judgment notwithstanding the verdict. The underlying facts are tragic. In the summer of 1982, a thirteen-year-old boy, Derek Christopher Foshee, was seriously injured by a Conrail freight train on the main Conrail tracks in northeast Washington. The case was tried to...

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