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GIERHART v. CONRAIL

No. 17A03-9503-CV-097.

656 N.E.2d 285 (1995)

Dale R. GIERHART and Tammy L. Gierhart, Appellants-Plaintiffs, v. Consolidated Rail Corporation-CONRAIL, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Denied March 7, 1996.

Attorney(s) appearing for the Case

John C. Grimm, Grimm & Grimm, P.C., Auburn, for Appellants.

J. Michael O'Hara, Anthony M. Stites, Barrett & McNagny, Fort Wayne, for Appellee.

OPINION

GARRARD, Judge.

Dale and Tammy Gierhart sued Consolidated Rail Corporation (Conrail) for damages after their daughter was struck and killed by a train at a railroad crossing. They now appeal the trial court's entry of summary judgment in favor of Conrail based upon a release.

The release, which Conrail pleaded as an affirmative defense and upon which it sought summary judgment, was signed by the Gierharts and a representative of Conrail and...

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