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McNAIR v. LEND LEASE TRUCKS, INC.

No. 93-2528.

95 F.3d 325 (1996)

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 September 10, 1996.

Attorney(s) appearing for the Case

ARGUED: Donald Haskell Beskind, Blanchard, Twiggs, Abrams & Strickland, P.A., Raleigh, North Carolina, for Appellant. John C. Millberg, Maupin, Taylor, Ellis & Adams, P.A., Raleigh, North Carolina, for Appellees. ON BRIEF: Karen M. Rabenau, Blanchard, Twiggs, Abrams & Strickland, P.A., Raleigh, North Carolina, for Appellant. Richard N. Cook, Maupin, Taylor, Ellis & Adams, P.A., Raleigh, North Carolina, for Appellees.

Before WILKINSON, Chief Judge, RUSSELL, WIDENER, HALL, MURNAGHAN, ERVIN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Vacated and remanded by published opinion. Judge HALL wrote the majority opinion, in which Chief Judge WILKINSON and Judges MURNAGHAN, ERVIN, WILKINS, LUTTIG, WILLIAMS, MICHAEL, and MOTZ joined. Judge WIDENER wrote a separate concurring opinion. Senior Judge PHILLIPS wrote a dissenting opinion in which Judges RUSSELL, NIEMEYER and HAMILTON joined.

OPINION

K.K. HALL, Circuit Judge:

Catherine McNair, administratrix of the estate of Edward Earl McNair...

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