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McNAIR v. LEND LEASE TRUCKS, INC.

No. 93-2528.

62 F.3d 651 (1995)

Catherine McNAIR, Ancillary Administratrix for the Estate of Edward Earl McNair, Plaintiff-Appellant, and Edward Earl McNair, deceased, Plaintiff, v. LEND LEASE TRUCKS, INCORPORATED; Lend Lease Dedicated Services, Incorporated, Defendants-Appellees, and Robert Monroe, Administrator of the Estate of Thomas Paul Jones; Thomas Paul Jones, deceased, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 21, 1995.

Attorney(s) appearing for the Case

ARGUED: Karen M. Rabenau, Blanchard, Twiggs, Abrams & Strickland, P.A., Raleigh, NC, for appellant. John C. Millberg, Millberg & Gordon, P.L.L.C., Raleigh, NC, for appellees. ON BRIEF: Douglas B. Abrams, Blanchard, Twiggs, Abrams & Strickland, P.A., Raleigh, NC, for appellant. Richard N. Cook, Maupin, Taylor, Ellis & Adams, P.A., Raleigh, NC, for appellees.

Before HALL and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by published opinion, Senior Judge PHILLIPS wrote the majority opinion in which Judge HAMILTON joined. Judge K.K. HALL wrote a dissenting opinion.

OPINION

PHILLIPS, Senior Circuit Judge:

Catherine McNair, ancillary administratrix of the estate of Edward Earl McNair, brought action in state court against Thomas Paul Jones and his employers, Lend Lease Trucks, Inc. and Lend Lease Dedicated Services, Inc., seeking damages for the wrongful death...

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