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DILLARD v. NORFOLK SOUTHERN RY. CO.

1970354.

735 So.2d 445 (1998)

Johnnie L. DILLARD, individually and as personal representative of the estate of Nathaniell Dillard, deceased v. NORFOLK SOUTHERN RAILWAY COMPANY and Wallace Dobbs.

Supreme Court of Alabama.

Rehearing Overruled April 30, 1999.

Opinion Dissenting from Overruling of Rehearing April 30, 1999.

Attorney(s) appearing for the Case

Leila H. Watson of Cory, Watson, Crowder & DeGaris, P.C., Birmingham, for appellant.

Crawford S. McGivaren, Jr., and Steve A. Tucker of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham; and Robert C. Dillon of Merrill, Porch, Dillon & Fite, P.A., Anniston, for appellees.

MADDOX, Justice.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F), Ala. R.App.P.

HOOPER, C.J., and HOUSTON, COOK, and SEE, JJ., concur.

KENNEDY and LYONS, JJ., dissent.

LYONS, Justice (dissenting).

I respectfully dissent from the majority's decision to affirm without opinion the trial court's summary judgment for the defendants. In my view, this case has several questions of fact that make a summary judgment inappropriate...

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