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SHANKLIN v. NORFOLK SOUTHERN RY. CO.

No. 01-6449.

369 F.3d 978 (2004)

Dedra SHANKLIN, Individually and as next friend of her son Jessie Guy Shanklin, Plaintiff-Appellee, v. NORFOLK SOUTHERN RAILWAY CO., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 27, 2004.

Attorney(s) appearing for the Case

Pamela R. O'Dwyer (argued and briefed), Paty, Rymer & Ulin, Chattanooga, TN, John W. Chandler, Jr. (briefed), Memphis, TN, for Plaintiff-Appellee.

Everett B. Gibson (argued and briefed), Ralph T. Gibson (briefed), Bateman, Gibson, Memphis, TN, for Defendant-Appellant.

Before: MOORE and ROGERS, Circuit Judges; FORESTER, Chief District Judge.

FORESTER, D.J., delivered the opinion of the court, in which MOORE, J., joined. ROGERS, J. (pp. 994-98), delivered a separate concurring opinion except as to Part V.

OPINION

FORESTER, Chief District Judge.

Defendant-Appellant Norfolk Southern Railway Company ("Norfolk") appeals the district court's denial of its renewed motion for judgment as a matter of law filed following a jury trial in which judgment was entered in favor of Plaintiff-Appellee...

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