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ESTATE OF EMBRY v. GEO TRANSP. OF IN, INC.

Civil Action No. 2002-172.

395 F.Supp.2d 517 (2005)

ESTATE OF Evan EMBRY, etc., et al, Plaintiffs v. GEO TRANSPORTATION OF INDIANA, INC., et al, Defendants.

United States District Court, E.D. Kentucky, at Covington.

September 28, 2005.

Attorney(s) appearing for the Case

Lucinda C. Shirooni, Philip Taliaferro, Taliaferro, Mehling, Shirooni, Carran & Keys, William C. Oldfield, Cobb & Oldfield, Covington, KY, for Plaintiffs.

Andrew N. Moore, Daniel E. Murner, Leslie Patterson Vose, Landrum & Shouse, Lexington, KY, for Defendants.

OPINION

BERTELSMAN, District Judge.

This is a wrongful death action in which federal jurisdiction is based on diversity. The court previously entered an order granting plaintiffs' motion for partial summary judgment on the question of the applicability of the "blackout" defense. The court now issues its written opinion setting forth the reasoning for that ruling.

Factual and Procedural Background

This case arises out of an...

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