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BEBOUT v. NORFOLK & WESTERN RY. CO.

No. 91-2408.

982 F.2d 1178 (1993)

Stephen E. BEBOUT, Stephen Bebout, and Jon P. Bebout, Plaintiffs-Appellants, v. NORFOLK & WESTERN RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 8, 1993.

Rehearing Denied March 3, 1993.

Attorney(s) appearing for the Case

Joseph L. Bauer, Jr., Schlichter Law Associates, Fairview Heights, IL, Drew C. Baebler (argued), Schlichter Law Associates, St. Louis, MO, for plaintiffs-appellants.

John E. Fick (argued), Samuels, Miller, Schroeder, Jackson & Sly, Decatur, IL, for defendant-appellee.

Before COFFEY, FLAUM, and RIPPLE, Circuit Judges.

PER CURIAM.

As dusk settled on the sixth of April, 1986, Stephen E. Bebout, driving with his brother Jon, turned east onto Route 9 outside of Gibson City, Illinois. As they went over a railroad crossing several hundred yards down the road, a Norfolk & Western freight train heading north collided with Stephen's car.

Stephen, testing recently installed shock absorbers, was travelling at approximately 20 miles per...

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