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HESLING v. CSX TRANSP., INC.

Nos. 03-60374, 04-60054.

396 F.3d 632 (2005)

Monica Bauer HESLING, Guardian and Next Friend of minors, Hannah Buck and Chelsey Buck, Plaintiff-Appellant, v. CSX TRANSPORTATION, INC., and National Railroad Passenger Corporation d/b/a Amtrak, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 5, 2005.

Attorney(s) appearing for the Case

Frederick N. Sager, Jr. (argued), Weinberg, Wheeler, Hudgins, Gunn & Dial, Tamara M. Ayres, Scherffius, Ballard, Still & Ayres, Atlanta, GA, Alan D. Lancaster, Liston & Lancaster, Winona, MS, for Plaintiff-Appellant.

Raymond L. Brown (argued), Brown Buchanan Sessoms, Pascagoula, MS, Patrick Russell Buchanan, Brown Buchanan Sessoms, Biloxi, MS, for Defendants-Appellees.

Before BENAVIDES, STEWART and CLEMENT, Circuit Judges.

CARL E. STEWART, Circuit Judge:

This appeal arises out of an automobile-train collision in Long Beach, Mississippi, involving the decedent, Erica Bauer Valentine ("Valentine"), and a train owned by National Railroad Passenger Corporation ("Amtrak"), which was operating on single-rail tracks owned by CSX Transportation ("CSX"). Monica Bauer Hesling ("Hesling") brought this wrongful death action as guardian and next of friend...

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