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UNION PACIFIC CORP. v. LEGG

No. 03-00-00661-CV.

49 S.W.3d 72 (2001)

UNION PACIFIC CORPORATION, Appellant, v. Dan V. LEGG, Jr. and Suzanne Legg, Individually, as the Surviving Parents of Ryan Dustin Legg, Deceased and as Anticipated Administrators of the Estate of Ryan Dustin Legg, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled July 26, 2001.

Attorney(s) appearing for the Case

John L. Foster, Jeffrey D. Miller, Minton, Burton, Foster & Collins, P.C., Austin, for appellees.

Richard N. Carrell, Fulbright & Jaworski, L.L.P., Houston, for appellant.

Before Justices YEAKEL, PATTERSON and POWERS.

POWERS, Justice (Retired).

Union Pacific Corporation appeals from a no-answer default judgment recovered by Dan V. Legg, Jr., and Suzanne Legg ("the Leggs") on causes of action arising out of the death of their son Ryan Dustin Legg in a train-automobile collision that occurred November 21, 1999, in Rockdale, Texas. We will reverse the judgment and remand the cause to the trial court.

THE CONTROVERSY

In an original petition filed March 21, 2000, the...

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