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FRANKLIN v. CITY OF ATHENS

2030606.

938 So.2d 950 (2005)

Shamalita FRANKLIN et al. v. CITY OF ATHENS and CSX Transportation, Inc.

Court of Civil Appeals of Alabama.

Rehearing Denied September 16, 2005.

Attorney(s) appearing for the Case

William D. Davis III of Davis & Associates, Huntsville, for appellants.

Benjamin R. Rice of Spurrier, Rice & Hall, Huntsville, for appellee the City of Athens.

Morris Wade Richardson and David W. Spurlock of Adams & Reese/Lange Simpson, LLP, Birmingham, for appellee CSX Transportation, Inc.

PER CURIAM.

Shamalita Franklin, Daphne J. Johnson, Genny Ervin, and Florence Hanserd-Yarborough ("the plaintiffs") appeal from a summary judgment of the Limestone Circuit Court in favor of the City of Athens ("the City") and CSX Transportation, Inc. ("CSX").

On June 13, 2002, the plaintiffs filed a complaint in the trial court naming as defendants the City and CSX. The complaint asserted claims of negligence and wantonness based upon an alleged breach of duties...

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