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STONE v. CSX TRANSP., INC.

No. Civ.A. 3:97-1177.

37 F.Supp.2d 789 (1999)

Karen Sue STONE, as executrix of the estate of Shawn Edward Stone, deceased, Plaintiff, v. CSX TRANSPORTATION, INC., a Virginia corporation, and the National Rail Passenger Corporation, d/b/a AMTRAK, a District of Columbia corporation, Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

February 22, 1999.

Attorney(s) appearing for the Case

Richard Neely, Neely & Hunter, Charleston, WV, for plaintiff.

Marc E. Williams, Robert L. Massie, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, WV, for defendants.

AMENDED MEMORANDUM OPINION AND ORDER

CHAMBERS, District Judge.

This matter is before the Court on defendants' motion for summary judgment. At issue are state negligence claims and the federal preemption provision of the Federal Railroad Safety Act, 49 U.S.C. § 20106.

STATEMENT OF THE CASE

Shawn Stone was driving his Geo Metro across the Ventroux Hollow grade crossing on January 26, 1997, when he collided with an Amtrak passenger locomotive...

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