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JEWELL v. CSX TRANSP., INC.

No. 94-6249.

135 F.3d 361 (1998)

Sheila Kaye JEWELL, Administratrix of the Estate of Gregory L. Jewell, Deceased; Sheila Kaye Jewell, Individually; Stacey Jewell Lemon, Guardian for Brittney Jewell, a Minor; Stacey Jewell Lemon, Individually, Plaintiffs-Appellants, v. CSX TRANSPORTATION, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 29, 1998.

Attorney(s) appearing for the Case

Charles S. Wible (argued and briefed), Jeffrey T. Sampson (briefed), Charles S. Wible Law Offices, Owensboro, KY, David G. Hatfield, Gerling Law Offices, Evansville, IN, for Plaintiffs-Appellants.

Edward H. Stopher (argued and briefed), Martin H. Kinney, Jr. (briefed), Boehl, Stopher & Graves, Louisville, KY, for Defendant-Appellee.

Before: SILER, and COLE, Circuit Judges; BELL, District Judge.

OPINION

BELL, District Judge.

Plaintiffs-Appellants appeal from a judgment of no cause of action in this personal injury diversity action arising out of a collision between a pickup truck and a train.

I.

The accident that gave rise to this case occurred in a rural area of Henderson County, Kentucky, where the Anthouston-Frog Island Road crosses the CSX Transportation, Inc. (hereinafter "CSX") railroad grade crossing. The Anthouston-Frog...

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