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HENDERSON v. NORFOLK SOUTHERN CORP.

No. 93-1773.

55 F.3d 1066 (1995)

Ruby Pauline HENDERSON, et al., Plaintiffs-Appellees, v. NORFOLK SOUTHERN CORPORATION, et al., Defendants, Atchison, Topeka & Santa Fe Railway Company and Norfolk Southern Railway Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 26, 1995.

Attorney(s) appearing for the Case

David J. Pels, John Hill Cayce, Jr., Shannon, Gracey, Ratliff & Miller, Ft. Worth, TX, for Atchison, Topeka.

Howard P. Newton, Judith R. Blakeway, Matthews & Branscomb, San Antonio, TX, for Southern Ry.

Kim R. Thorne, Grand Prairie, TX, John Alan Goren, Dallas, TX, for appellees.

Before DAVIS and JONES, Circuit Judges, and CUMMINGS, District Judge.

W. EUGENE DAVIS, Circuit Judge:

The defendants appeal an adverse judgment rendered in favor of the survivors of Roy Lee Henderson for both compensatory and punitive damages following a bench trial. Mr. Henderson died as a result of injuries he suffered when his tractor-trailer overturned. The district court concluded that the accident resulted from the combined negligence and gross negligence of the defendants. The central issue on appeal is whether the district court...

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