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WALK v. BALTIMORE AND OHIO R.R.

No. 87-3585.

890 F.2d 688 (1989)

Margaretha WALK, an individual; Maurice Walk, Trustees for the Cynthia Walk Trust, the Dinand M. Walk Trust and the Margaretha Walk Trust; Vincent Ciarlante, Plaintiffs-Appellants, v. The BALTIMORE AND OHIO RAILROAD; Chesapeake and Ohio Railroad; the CSX Corporation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

November 30, 1989.

Attorney(s) appearing for the Case

Michael P. Malakoff, Ellen M. Doyle, Berger Kapetan Malakoff & Meyers, P.C., Pittsburgh, Pa., for plaintiffs-appellants.

Wilbur D. Preston, Jr., Richard J. Magid, Ward B. Coe, III, Baltimore, Md., William F. Ryan, Jr., Albany, N.Y., Fenton L. Martin, Whiteford, Taylor & Preston, Baltimore, Md., for defendants-appellees.

Before WINTER, PHILLIPS and MURNAGHAN, Circuit Judges.

PHILLIPS, Circuit Judge:

This case is before us on remand from the Supreme Court which vacated our earlier opinion, see 847 F.2d 1100 (4th Cir.1988), and remanded for reconsideration in light of H.J., Inc. v. Northwestern Bell Telephone Co., 492 U.S. 229, 109 S.Ct. 2893, 106 L.Ed.2d 195 (1989).

Upon reconsideration, with the benefit of supplemental briefing by the parties, we have...

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