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LUKOWSKI v. CSX TRANSP., INC.

No. 04-4141.

416 F.3d 478 (2005)

James R. LUKOWSKI and Lester J. Blauvelt, Plaintiffs-Appellants, v. CSX TRANSPORTATION, INC.; Estate of John D. Reese; and Maura Gossard Reese, Individually and as Administrator of the Estate of John D. Reese, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 19, 2005.

Attorney(s) appearing for the Case

Steven P. Garmisa, Hoey & Farina, Chicago, Illinois, for Appellants.

Richard F. Ellenberger, Anspach Meeks Ellenberger LLP, Toledo, Ohio, Mark J. Metusalem, Nationwide Insurance Company, Toledo, Ohio, for Appellees.

Steven P. Garmisa, James T. Foley, Hoey & Farina, Chicago, Illinois, for Appellants.

Richard F. Ellenberger, Garrick O. White, Anspach Meeks Ellenberger LLP, Toledo, Ohio, Mark J. Metusalem, Nationwide Insurance Company, Toledo, Ohio, for Appellees.

Before: CLAY and SUTTON, Circuit Judges; O'MEARA, District Judge.

OPINION

CLAY, Circuit Judge.

Plaintiffs James R. Lukowski and Lester J. Blauvelt appeal from the district court's grant of summary judgment to Defendants CSX Transportation, Inc., the Estate of John D. Reese, and Maura Gossard Reese as the Administrator of the Estate of John D. Reese, in this tort action arising from a collision between a train and a passenger automobile, brought pursuant to the Federal Employers...

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