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HUTCHINS v. NORFOLK & WESTERN RY. CO.

No. 89-1492.

890 F.2d 978 (1989)

Linda D. HUTCHINS and David Hutchins, her husband, Plaintiffs-Appellants, v. NORFOLK & WESTERN RAILWAY COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 8, 1989.

Rehearing and Rehearing Denied January 17, 1990.

Attorney(s) appearing for the Case

Robert E. Harrington, Sr., Robert B. Thompson, Laurence C. Acker (argued), Henslee, Monek & Henslee, Chicago, Ill., George G. Ponton, Frankfort, Ind., for plaintiffs-appellants.

John C. Duffey (argued), Stuart & Branigin, Lafayette, Ind., Douglas B. King, Wooden, McLaughlin & Sterner, Indianapolis, Ind., Russell H. Hart, Stuart & Branigin, Lafayette, Ind., for defendant-appellee.

Before CUMMINGS and POSNER, Circuit Judges, and GORDON, Senior District Judge.

Rehearing and Rehearing En Banc Denied January 17, 1990.

CUMMINGS, Circuit Judge.

In this diversity action, Linda Hutchins and her husband David Hutchins sued the Norfolk & Western Railway Company for $900,000 apiece. Count I was for the wife to recover for injuries stemming from her fall from the ladder of a steam locomotive engine owned by the defendant. Count II was for the husband's loss of the wife's society, consortium and services and for his expenditures...

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