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CALDWELL v. SEABOARD SYSTEM R.R., INC.

Record Nos. 870481, 870490.

380 S.E.2d 910 (1989)

William L. CALDWELL v. SEABOARD SYSTEM RAILROAD, INC. SEABOARD SYSTEM RAILROAD, INC. v. William L. CALDWELL.

Supreme Court of Virginia.

June 9, 1989.

Attorney(s) appearing for the Case

Eddie W. Wilson, Portsmouth; George Rutherglen (John W. Hall, on briefs), for appellant/appellee.

William T. Prince; Samuel J. Webster (Leonard C. Heath, Jr.; Williams, Worrell, Kelly & Greer, P.C., Norfolk, on briefs), for appellee/appellant.

Norfolk and Western Ry. Co. (William B. Poff, Terri Faye Dial, Woods, Rogers & Hazlegrove, on brief), amicus curiae, for appellant.

Present: All the Justices.

WHITING, Justice.

In one of these two appeals (Record No. 870490), we decide the constitutionality of that part of the forum non conveniens statute, Code § 8.01-265, which precludes dismissal of actions arising in jurisdictions other than Virginia.1 In the other appeal (Record No. 870481), should we hold that provision constitutional, we determine whether the trial court erred in requiring the plaintiff to remit $500,000 of...

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