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TILLMAN v. CSX TRANSP. CO.

Nos. 92-CA-1165, 92-CA-1166.

617 So.2d 46 (1993)

David E. TILLMAN v. CSX TRANSPORTATION COMPANY and Bennett Marlow. David E. TILLMAN v. The DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT for the STATE OF LOUISIANA.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 12, 1993.

Attorney(s) appearing for the Case

Anthony S. Taormina, Taormina, Richard & Dittmer, Metairie, for plaintiff-appellant David Tillman.

L. Havard Scott, III, Brent A. Talbot, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, for defendants-appellees CSX Transp. Inc. and Bennett Marlow.

Richard P. Ieyoub, Atty. Gen., Edward M. Campbell, Asst. Atty. Gen., Dept. of Justice, Baton Rouge, for defendant-appellee State of La. through the Dept. of Transp. and Development.

Before KLEES, LOBRANO and PLOTKIN, JJ.

KLEES, Judge.

Plaintiff appeals the granting of a partial summary judgment on behalf of the defendants CSX Transportation and Bennett Marlow and/or Marler L. Bennett in the Civil District Court for the Parish of Orleans. After reviewing the record and applicable law, we reverse the granting of the partial summary judgment and remand for trial.

This action arises out of a railroad crossing accident that occurred on November 17, 1987 when a train owned and operated...

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