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BEBOUT v. NORFOLK & WESTERN RY. CO.

No. 94-2357.

47 F.3d 876 (1995)

Stephen E. BEBOUT and Stephen Bebout, Individually and as Father and Next Friend of John P. Bebout, a Minor, Plaintiffs-Appellants, v. NORFOLK & WESTERN RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 10, 1995.

Rehearing Denied April 3, 1995.

Attorney(s) appearing for the Case

Drew C. Baebler and Michael L. Nepple (argued), Bauer & Baebler, St. Louis, MO, for plaintiff-appellant.

John E. Fick (argued) and Edward Q. Costa, Samuels, Miller, Schroeder, Jackson & Sly, Decatur, IL, for defendant-appellee.

Before BAUER and MANION, Circuit Judges, and MILLER, District Judge.

BAUER, Circuit Judge.

Stephen E. Bebout appeals from an adverse jury verdict rendered in his lawsuit against the Norfolk & Western Railway Company ("Norfolk & Western"). Bebout's diversity-based lawsuit alleges negligence on the part of Norfolk & Western and seeks damages for injuries sustained by Bebout and his brother John, when the car in which they were riding was struck at a railroad crossing by a train owned and operated by Norfolk & Western...

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