Rehearing and Suggestion for Rehearing En Banc Denied September 4, 1997.
HENLEY, Senior Circuit Judge.
On October 5, 1993 at about 4:30 a.m., nineteen-year old Scott Manatt, Jr. (Scott) was killed when he was hit by an Amtrak train while he was on railroad tracks near a crossing in Corning Arkansas. His father,
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