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HARRIS v. NORFOLK SOUTHERN RY. CO.

Nos. 13-1975, 13-2026.

784 F.3d 954 (2015)

Charles Eugene HARRIS, Plaintiff-Appellee, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant-Appellant, and Norfolk Southern Railway Corporation, Defendant, v. Cobra Natural Resources, LLC; Sperry Rail, Incorporated, d/b/a Sperry Rail Services, Third Party Defendants. Charles Eugene Harris, Plaintiff-Appellant, v. Norfolk Southern Railway Company, Defendant-Appellee, and Norfolk Southern Railway Corporation, Defendant, v. Cobra Natural Resources, LLC; Sperry Rail, Incorporated, d/b/a Sperry Rail Services, Third Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 30, 2015.

Attorney(s) appearing for the Case

ARGUED: John Harlan Mahaney, II, Huddleston Bolen, LLP, Huntington, West Virginia, for Appellant/Cross-Appellee. Bruce E. Stanley, Reed Smith, LLP, Pittsburgh, Pennsylvania, for Appellee/Cross-Appellant. ON BRIEF: T. Matthew Lockhart,   David C. Kiebler, Huddleston Bolen, LLP, Huntington, West Virginia, for Appellant/Cross-Appellee. Colin E. Wrabley,   Timothy L. Moore,   Douglas C. Allen,   M. Patrick Yingling, Reed Smith LLP, Pittsburgh, Pennsylvania; Tonya L. Hatfield, Inez, Kentucky, for Appellee/Cross-Appellant.

Affirmed in part, reversed in part, and remanded by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge KEENAN and Judge THACKER joined.

Norfolk Southern Railway Company ("Norfolk Southern") appeals a district court order granting summary judgment against it on the issue of liability in a negligence action brought by Charles Harris, who seeks compensation for injuries he suffered as the result of a train derailment. Harris cross-appeals the district court's...

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