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FIFTH THIRD BANK EX REL. TRUST OFFICER v. CSX

No. 04-2780.

415 F.3d 741 (2005)

FIFTH THIRD BANK, by and through its TRUST OFFICER, as Special Administrator of the Estate of Kacie Bechard, Deceased, Sheryl M. Bechard, and Stephen Bechard, Plaintiffs-Appellants, v. CSX CORPORATION, CSX Transportation Corporation, Newton County Highway Department, Newton County, by and through its Board of Commissioners, and the National Railroad Passenger Corporation, also known as Amtrak, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 22, 2005.

Attorney(s) appearing for the Case

William J. Lazarus (argued), Kenneth J. Allen (argued), Allen & Associates Valparaiso, IN, for Plaintiffs-Appellants.

Harold Abrahamson (argued), Aimee R. Rivera, Abrahamson & Reed, Hammond, IN, Timothy M. Swan (argued), Clark & assocaites Munster, IN, for Defendants-Appellees.

Before MANION, EVANS, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

This case arises from a tragic train-car collision that caused serious injuries to the driver of the car and killed her three-and-one-half-year-old daughter, a passenger. The daughter's estate and her mother and father brought a personal injury and wrongful-death action in Indiana state court, which the defendants — the owner of the railroad crossing, Newton County and its Highway Department, the railroad, and the State of Indiana and...

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