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HARTLEY v. CSX TRANSP., INC.

Nos. 98-2742, 99-1210.

187 F.3d 422 (1999)

Lidy J. HARTLEY, Plaintiff-Appellant, v. CSX TRANSPORTATION, INCORPORATED; South Carolina Department of Transportation; Town of Allendale, South Carolina, Defendants-Appellees. Lidy J. Hartley, Plaintiff-Appellant, v. CSX Transportation, Incorporated; South Carolina Department of Transportation; Town of Allendale, South Carolina, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 4, 1999.

Attorney(s) appearing for the Case

ARGUED: John E. Parker, Peters, Murdaugh, Parker, Eltzroth & Detrick, P.A., Hampton, South Carolina, for Appellant. John Arthur Davidson, Fulcher, Hagler, Reed, Hanks & Harper, L.L.P., Augusta, Georgia, for Appellees. ON BRIEF: Ronnie L. Crosby, Peters, Murdaugh, Parker, Eltzroth & Detrick, P.A., Hampton, South Carolina; H. Woodrow Gooding, Gooding & Gooding, Allendale, South Carolina, for Appellant. L. Dean Best, Fulcher, Hagler, Reed, Hanks & Harper, L.L.P., Augusta, Georgia; Pete Kulmala, Harvey & Kulmala, Barnwell, South Carolina, for Appellees.

Before WILKINSON, Chief Judge, and NIEMEYER and KING, Circuit Judges.

Reversed and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge KING joined.

OPINION

WILKINSON, Chief Judge:

A South Carolina citizen filed a tort action in South Carolina state court against a Virginia railroad corporation and two South Carolina government entities. The railroad removed the case to federal court on diversity grounds, claiming that the government defendants were fraudulently...

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