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JUSTICE v. CSX TRANSP., INC.

Nos. 89-2360, 89-2426.

908 F.2d 119 (1990)

Judith JUSTICE, as Administratrix of the Estate of Hal Edward Justice, Deceased, Plaintiff-Appellant, v. CSX TRANSPORTATION, INCORPORATED, and National Railroad Passenger Corporation, also known as Amtrak, Defendants-Appellants, and Jasper County Farm Bureau Cooperative Association, Inc., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 10, 1990.

Rehearing and Rehearing Denied August 21, 1990.

Attorney(s) appearing for the Case

Robert D. Brown, Jay A. Charon, Spangler, Jennings & Dougherty, Merrillville, Ind., Terrance M. Rubino, Rubino & Padula, Munster, Ind., for plaintiff-appellant.

R. Kent Rowe, Martin J. Gardner, Edmond W. Foley, Rowe, Foley & Huelat, South Bend, Ind., for defendant-appellee.

John C. Duffey, Stuart & Branigin, Lafayette, Ind., for defendant-appellant.

Before POSNER and KANNE, Circuit Judges, and SNEED, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied August 21, 1990.

POSNER, Circuit Judge.

The widow of a man killed at a railroad crossing in Indiana appeals from a judgment in favor of defendant Jasper County Farm Bureau entered on the farm bureau's motion for summary judgment. The basis of federal jurisdiction is diversity of citizenship, and the parties agree that Indiana law governs the substantive issues. There were two...

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