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SPRINGSTON v. CONSOLIDATED RAIL CORP.

Nos. 96-3571, 96-3608.

130 F.3d 241 (1997)

Robert S. SPRINGSTON, Plaintiff-Appellant/Cross-Appellee, v. CONSOLIDATED RAIL CORPORATION, Defendant-Appellee/Cross-Appellant, General Motors Corporation, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 19, 1997.

Rehearing and Suggestion for Rehearing Denied January 22, 1998.

Attorney(s) appearing for the Case

Dennis R. Lansdowne (argued and briefed), Spangenberg, Shibley & Liber, Cleveland, OH, Justin F. Madden, John D. Liber (briefed), Spangenberg, Shibley & Liber, Cleveland, OH, Patricia A. Walker, Ralph E. Jocke (briefed), Walker & Jocke, Medina, OH, for Appellant.

Philip E. Howes (argued and briefed), Vogelgesang, Howes, Lindamood & Brunn, Canton, OH, Thomas J. Sweeney (argued and briefed), Eckert, Seamans, Cherin & Mellott, Pittsburgh, PA, Thomas R. Himmelspach (briefed) Vogelgesang, Howes, Lindamood & Brunn, Canton, OH, Robert B. Duaane (briefed), Canton, OH, Joseph M. Ramirez (briefed), Eckert, Seamans, Cherin & Mellott, Pittsburgh, PA, for Appellees.

David M. Heilbron (briefed), McCutchen, Doyle, Brown & Enersen, San Francisco, CA, Jeffrey Robert White (briefed), Washington, DC, Allen Schulman, Jr. (briefed), Allen Schulman & Associates, Canton, OH, for Amici Curiae.

Before: MARTIN, Chief Judge; RYAN and BATCHELDER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied January 22, 1998.*

OPINION

BATCHELDER, Circuit Judge.

Plaintiff appeals and defendant Consolidated Rail Corporation ("Conrail") cross-appeals the judgment of the district court in this diversity action arising out of a collision between a Conrail train and a pick-up truck driven by plaintiff in northwest Ohio. For the reasons to follow, we AFFIRM the judgment of the...

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