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FANNIN v. NORFOLK & W. RY. CO.

Nos. 17134, 17136.

106 Ohio App.3d 401 (1995)

FANNIN et al., Appellants, v. NORFOLK & WESTERN RAILWAY COMPANY, Appellee, et al.

Court of Appeals of Ohio, Ninth District, Summit County.

Decided September 20, 1995.

Attorney(s) appearing for the Case

Hartley & O'Brien, R. Dean Hartley and James C. Wright, for appellants.

Burns, White & Hickton and David A. Damico, for appellee.

Ness, Motley, Loadholt, Richardson & Poole and Joseph R. Rice, for defendants.

BAIRD, Presiding Judge.

These cases were heard on appeal from a judgment rendered in the Summit County Court of Common Pleas granting summary judgment in favor of appellee, Norfolk & Western Railway Company ("N & W"). We reverse.

There are two separate, yet related, cases at issue. Originally, the cases included forty-seven plaintiffs and fourteen defendants. A total of seven plaintiffs and one defendant...

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