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BURKE v. SMITH

No. 00-15088.

252 F.3d 1260 (2001)

Tammy BURKE, Royal Insurance Company, Plaintiffs-Appellees, Linda Burke Daniels, Plaintiff-Third-Party Defendant-Appellee, v. John SMITH, Heyl Truck Lines, Inc., Defendants-Third-Party Plaintiff-Appellants.

United States Court of Appeals, Eleventh Circuit.

DECIDED May 31, 2001.

Attorney(s) appearing for the Case

Sarah Carlisle Pflaum, Russell Q. Allison, Jeremy N. Truesdale, Carr, Allison, Pugh, Howard, Oliver & Sisson, Birmingham, AL, for Smith and Heyl Truck Lines, Inc.

Tony S. Hebson, Southlaw, P.C., Birmingham, AL, for Burke.

Before DUBINA and KRAVITCH, Circuit Judges, and DUPLANTIER, District Judge.

KRAVITCH, Circuit Judge:

John Smith and Heyl Truck Lines, Inc. (collectively, the "Defendants") appeal the district court's order setting aside the dismissal of a wrongful death action filed against them by four plaintiffs. The district court initially dismissed the action pursuant to a voluntary settlement agreement and release. Subsequently, Tammy Burke ("Tammy"), one of the plaintiffs in the action, filed a motion for relief from judgment of dismissal, which the...

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