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KITCHEN v. CSX TRANSP., INC.

No. 92-9071.

19 F.3d 601 (1994)

Ernest Ray KITCHEN, and Carolyn D. Kitchen, Individually and as Natural Parents of John David Kitchen, Deceased, Ernest Ray Kitchen, as Personal Representative of the Estate of John David Kitchen, Deceased, Plaintiffs-Appellants, v. CSX TRANSPORTATION, INC., Successor by merger to all interest, rights, liabilities, responsibilities and obligations of Seaboard Coast Line Railroad Company, Defendant-Appellee. County of Elbert, Georgia, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

April 22, 1994.

Attorney(s) appearing for the Case

Billy Earnest Moore, Atlanta, GA, William T. Gerard, Gerard & Mathews, Athens, GA, for plaintiffs-appellants.

Jack Harrell Senterfitt, Alston & Bird, Atlanta, GA, Cynthia G. Weaver, Heard Leverett & Phelps, Elberton, GA, for defendant-appellee.

Before TJOFLAT, Chief Judge, EDMONDSON and CARNES, Circuit Judges.

PER CURIAM:

This appeal from the grant of summary judgment to a defendant involves a wrongful death case arising out of an automobile crash in May 1988, when the deceased, John David Kitchen, was traveling on a county road in Elbert County, Georgia. Because resolution of this case involves questions of Georgia law which are dispositive but unanswered by precedent in the decisions of the Supreme Court of Georgia, we defer our...

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