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SHANKLIN v. NORFOLK SOUTHERN RY. CO.

No. 96-6371.

173 F.3d 386 (1999)

Dedra SHANKLIN, Individually and as Next Friend of Jessie Guy Shanklin, Plaintiff-Appellee, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant-Appellant, Cincinnati, New Orleans & Texas Pacific Railway Company; Norfolk Southern Corporation, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided April 13, 1999.

Attorney(s) appearing for the Case

Everett B. Gibson (argued and briefed), Bateman, Gibson & Childers, Memphis, Tennessee, for Defendant-Appellant.

Pamela R. O'Dwyer (argued and briefed), Paty, Rymer, and Ulin, Chattanooga, Tennessee, for Plaintiff-Appellee.

Jeffrey Robert White (briefed), Washington, D.C., James Lacey O'Connell (briefed), Lindhorst & Dreidame, Cincinnati, Ohio, for Amici Curiae.

Before: BATCHELDER, MOORE, and CLAY, Circuit Judges.

OPINION

BATCHELDER, Circuit Judge.

This action arises out of an accident that occurred in Gibson County, Tennessee, on October 3, 1993. Eddie Shanklin collided with, and was killed by, one of Norfolk Southern's trains while he was driving his car east across the Oakwood Church Road Crossing. Dedra Shanklin (Eddie Shanklin's widow) brought claims-based on both Tennessee common law and statutory law-alleging that the accident was the result of Norfolk Southern...

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