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KELLNER v. BUDGET CAR AND TRUCK RENTAL, INC.

No. 02-5314.

359 F.3d 399 (2004)

James KELLNER and Lauri Kellner, individually and as next kin of Michael W. Kellner, deceased; Lauri Kellner, individually and as natural parent and next of kin of Shawn June, a minor, Plaintiffs-Appellants, v. BUDGET CAR AND TRUCK RENTAL, INC., et al.; Comcar Industries, Inc., a/k/a M.D. Transport Systems, Inc., Defendants, Clay Hyder Trucking Lines, Inc.; M.D. Transport Systems, Inc.; John Zaffer, Administrator of the Estate of Christopher N. Zaffer, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 26, 2004.

Attorney(s) appearing for the Case

Argued: Paul T. Gillenwater, GILLENWATER, NICHOL & AMES, Knoxville, Tennessee, H. Forrest Horne, Jr., JONES, MARTIN, PARRIS & TESSENER, PLLC, Raleigh, North Carolina, for Plaintiffs.

Michael J. King, WOOLF, McCLANE, BRIGHT, ALLEN & CARPENTER, Knoxville, Tennessee, for Defendants.

ON BRIEF: Paul T. Gillenwater, GILLENWATER, NICHOL & AMES, Knoxville, Tennessee, for Plaintiffs.

Michael J. King, Tony R. Dalton, WOOLF, McCLANE, BRIGHT, ALLEN & CARPENTER, Knoxville, Tennessee, for Defendants.

Before: BOGGS, Chief Judge; KRUPANSKY and CLAY, Circuit Judges.

Pursuant to Sixth Circuit Rule 206.

OPINION

KRUPANSKY, Circuit Judge.

James and Lauri Kellner, appearing individually and as next of kin, have appealed the district court's summary dismissal of their negligence suit against three party-defendants — John Zaffer, administrator of the estate of Christopher Zaffer ("Zaffer"), M.D. Transport Systems, Inc. ("MDTS") and Clay Hyder Trucking Lines, Inc. ("CHTL") — arising from a motor vehicle...

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