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AUSTIN v. PARAMOUNT PARKS, INC.

Nos. 98-1424, 98-1850 and 98-1897.

195 F.3d 715 (1999)

Stephanie P. AUSTIN, Plaintiff-Appellee, v. PARAMOUNT PARKS, INCORPORATED, d/b/a Kings Dominion, a/k/a Paramount Kings Dominion, Defendant-Appellant, Octavia Marie Eaton, Movant. Stephanie P. Austin, Plaintiff-Appellee, v. Paramount Parks, Incorporated, d/b/a Kings Dominion, a/k/a Paramount Kings Dominion, Defendant-Appellant, Octavia Marie Eaton, Movant. Stephanie P. Austin, Plaintiff-Appellant, v. Paramount Parks, Incorporated, d/b/a Kings Dominion, a/k/a Paramount Kings Dominion, Defendant-Appellee, Octavia Marie Eaton, Movant.

United States Court of Appeals, Fourth Circuit.

Decided November 1, 1999.

Attorney(s) appearing for the Case

ARGUED: Steven Colin McCallum, McGuire, Woods, Battle & Boothe, L.L.P., Richmond, Virginia, for Appellant. Andrew J. Toland, Shapiro & Olander, Baltimore, Maryland, for Appellee. ON BRIEF: F. Brawner Greer, Jonathan T. Blank, McGuire, Woods, Battle & Boothe, L.L.P., Richmond, Virginia, for Appellant. Charles S. Fax, Shapiro & Olander, Baltimore, Maryland; Henry L. Marsh, III, Hill, Tucker & Marsh, Richmond, Virginia, for Appellee.

Before WIDENER and TRAXLER, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Vacated and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge WIDENER and Senior Judge BUTZNER joined.

OPINION

TRAXLER, Circuit Judge:

Paramount Parks, Inc. ("Paramount") operates an amusement park in Hanover County, Virginia known as "Paramount's Kings Dominion" ("Kings Dominion" or "the park"). While visiting Kings Dominion in May 1994, Stephanie P. Austin ("Austin") was positively identified by two of Kings Dominion...

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