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KITCHEN v. CSX TRANSP., INC.

No. 92-8202.

6 F.3d 727 (1993)

Ernest Ray KITCHEN and Carolyn D. Kitchen, Individually and as Natural Parents of John David Kitchen, Deceased, and Ernest Ray Kitchen, as Personal Representative of the Estate of John David Kitchen, Deceased, Plaintiffs-Appellants, v. CSX TRANSPORTATION, INC., Etc., Defendants, County of Elbert, Georgia; Billy Ray Brown, Etc.; William B. Smith, Etc., Defendants-Appellees, Landmark American Insurance Company, Defendant.

United States Court of Appeals, Eleventh Circuit.

November 8, 1993.

Attorney(s) appearing for the Case

Billy Earnest Moore, Columbus, GA, William T. Gerard, Gerard & Matthews, Athens, GA, for plaintiffs-appellants.

Jack Harrell Senterfitt, Alston & Bird, Atlanta, GA, for defendants-appellees.

Cynthia G. Weaver, Robert M. Heard, Heard Leverett & Phelps, Elberton, GA, for County of Elbert and Brown.

Before ANDERSON and DUBINA, Circuit Judges, and CLARK, Senior Circuit Judge.

CLARK, Senior Circuit Judge:

This is a wrongful death action arising out of an automobile accident that occurred in May of 1988 while the deceased, John David Kitchen, was traveling on a county road in Elbert County, Georgia. Plaintiffs, the parents of the deceased and the personal representative of the estate of the deceased, filed this lawsuit against Elbert County; Billy Ray Brown, the Chairman of the Elbert County Board of Commissioners; William B. Smith, the...

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