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HAMMONS v. NORFOLK SOUTHERN CORP.

No. 97-3465.

156 F.3d 701 (1998)

Jerry HAMMONS, Plaintiff-Appellant, v. NORFOLK SOUTHERN CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 2, 1998.

Attorney(s) appearing for the Case

David G. Torchia (argued and briefed), Tobias, Kraus & Torchia, Cincinnati, OH, for Plaintiff-Appellant.

Robert A. Dimling (briefed), Frost & Jacobs, Cincinnati, OH, Jeffrey S. Berlin (briefed), Mark E. Martin (argued and briefed), Sidley & Austin, Washington, DC, for Defendants-Appellees.

Before: MOORE, CLAY and GILMAN, Circuit Judges.

OPINION

CLAY, Circuit Judge.

Appellant, Jerry Hammons, appeals from the district court's order granting the motion of Appellees, Norfolk Southern Corporation, et al. ("Norfolk"), to dismiss Count I of his Second Amended Complaint, which asserts a Bivens1 claim against Norfolk, and denying Hammons' motion to amend the complaint. For the reasons set forth below, we REVERSE the order of the district court and...

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