ALDRIDGE v. BALTIMORE AND OHIO R. CO.

No. 84-1185.

866 F.2d 111 (1989)

George O. ALDRIDGE and Daisy M. Aldridge, Appellees, v. BALTIMORE AND OHIO RAILROAD COMPANY, a body corporate, Appellant, v. Keith D. BRELSFORD and Erie Insurance Exchange, Defendants.

United States Court of Appeals, Fourth Circuit.

January 26, 1989.


Attorney(s) appearing for the Case

George F. Pappas (H. Russell Smouse, Melnicove, Kaufman, Weiner & Smouse, P.A., Baltimore, Md., C. Keith Meiser, Jacksonville, Fla., on brief), for appellant.

Richard R. Beauchemin (Norris W. Tingle, Geoffrey J.C. Boyd, Arnold, Beauchemin & Tingle, P.A., Baltimore, Md., on brief), for appellees.

Before RUSSELL, WIDENER, HALL, PHILLIPS, SPROUSE, ERVIN, CHAPMAN, WILKINSON and WILKINS, Circuit Judges, sitting en banc.


SPROUSE, Circuit Judge:

This court sitting en banc previously affirmed the judgment of the district court as to liability and damages. Aldridge v. Baltimore & Ohio R.R., 814 F.2d 157 (4th Cir.1987) (en banc) (Phillips, J., concurring; Hall and Ervin, JJ., concurring in part and dissenting in part; Russell, Widener and Chapman, dissenting), cert. granted and judgment vacated sub nom. Chesapeake & Ohio R.R....

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