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EASTERWOOD v. CSX TRANSP., INC.

No. 90-8851.

933 F.2d 1548 (1991)

Mrs. Lizzie Beatrice EASTERWOOD, Plaintiff-Appellant, v. CSX TRANSPORTATION, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 20, 1991.

Attorney(s) appearing for the Case

James Irvin Parker, William Lundy, Tambra P. Colston, Parker & Lundy, Cedartown, Ga., for plaintiff-appellant.

Jack Harrell Senterfitt, Richard Thomas Fulton, Alston & Bird, Atlanta, Ga., for defendant-appellee.

Before JOHNSON and COX, Circuit Judges, and HENDERSON, Senior Circuit Judge.

JOHNSON, Circuit Judge:

This case arises on appeal following the district court's grant of a motion for summary judgment in favor of the defendant on the basis of federal preemption. 742 F.Supp. 676.

I. STATEMENT OF THE CASE

Thomas Easterwood, on February 24, 1988, was working for the Duncan Wholesale Company delivering wood products in a long bed truck in Cartersville, Georgia. While crossing the Cook Street...

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