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ILLINOIS CENT. R. CO. v. CRYOGENIC TRANSP., INC.

No. 11-60366.

686 F.3d 314 (2012)

ILLINOIS CENTRAL RAILROAD COMPANY, Plaintiff, v. CRYOGENIC TRANSPORTATION, INCORPORATED, Defendant. Clydine Daniel, in her capacity as Administratrix/Executrix/Personal Representative of the Estate of Michael Daniel, deceased, Defendant-Third Party Plaintiff-Appellant. v. Airgas Carbonics, Incorporated, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 29, 2012.

Attorney(s) appearing for the Case

Larry Wade Morris (argued), Attorney, Morris, Haynes & Hornsby, Alexander City, AL, Emily Hornsby Nelson , Morris, Haynes & Hornsby, Birmingham, AL, for Defendant-Third Party Plaintiff-Appellant.

William Gaudet , Adams & Reese, L.L.P., New Orleans, LA, John Simeon Hooks , Lindsey Nicole Oswalt , Laura F. Rose (argued), Adams & Reese, L.L.P., Ridgeland, MS, for Third Party Defendant-Appellee.

Before JOLLY, BENAVIDES and DENNIS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Clydine Daniel appeals the dismissal of her claim against a company that owned property that her husband, Michael Daniel, exited moments before colliding with a train. The district court dismissed the claim, holding that the property owner owed no duty to Michael Daniel at the time of the collision. We AFFIRM.

I.

On July 26, 2009, Michael Daniel drove an eighteen-wheeler for...

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