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MENARD v. CSX TRANSP., INC.

No. 12-1155.

698 F.3d 40 (2012)

Mark MENARD and Carol E. Menard, Plaintiffs, Appellants, v. CSX TRANSPORTATION, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 24, 2012.

Attorney(s) appearing for the Case

Thomas J. O'Connor, Jr. , with whom S. Thomas Martinelli , was on brief, for appellants.

Andrew E. Tauber , with whom Brian J. Wong and Mayer Brown LLP, were on brief, for appellee.

Before LYNCH, Chief Judge, BOUDIN and THOMPSON, Circuit Judges.

BOUDIN, Circuit Judge.

Mark Menard and Carol Menard appeal from a district court order dismissing their complaint for failure to state a claim and denying their motion to amend the complaint. Mark Menard, whom we refer to as "Menard," was permanently injured while crossing through a railroad freight yard; the district court ruled that his complaint against CSX Transportation, Inc. ("CSX") failed to assert sufficient facts to overcome his status as a "trespasser" and...

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