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HOESCH v. NAT. RR. PASS. CORP. (AMTRAK)

No. 13, 1996.

677 A.2d 29 (1996)

Virginia G. HOESCH, Administratrix of the Estate of William E. Hoesch, a Minor, Plaintiff Below, Appellant, v. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK), Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: May 28, 1996.

Attorney(s) appearing for the Case

John M. Bader and Carol J. Evon, Tomar, Simonoff, Adourian, O'Brien, Kaplan, Jacoby & Graziano, Wilmington, and Lawrence A. Katz (argued), Coffey & Kaye, Bala Cynwyd, PA, for appellant.

Somers S. Price, Jr. (argued), Potter, Anderson & Corroon, Wilmington, William G. Ballaine, Landman, Corsi, Ballaine & Ford, P.C., New York City, and Paul F.X. Gallagher, Gallagher, Reilly and Lachat, P.C., Philadelphia, PA, for appellee.

Before WALSH, HOLLAND, and HARTNETT, JJ.

HOLLAND, Justice:

This matter is before the Court as the result of the certification of three questions of law pursuant to Article IV, Section 11(9) of the Delaware Constitution and Delaware Supreme Court Rule 41. The questions of law have been certified by the United States District Court for the Eastern District of Pennsylvania and were accepted by this Court by order dated January 16, 1996. The certified questions are the following:

(1) Does 25 Del...

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