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THURSTON HENSLEY v. CSX TRANSP., INC.

No. E2007-00323-COA-R3-CV

310 S.W.3d 824 (2009)

THURSTON HENSLEY v. CSX TRANSPORTATION, INC.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

August 26, 2009.

Permission to Appeal Denied by Supreme Court March 1, 2010.

Attorney(s) appearing for the Case

Gareth S. Aden and Christopher W. Cardwell, Nashville, Tennessee; Randall A. Jordan, Grant Buckley, Karen Jenkins Young and Christopher R. Jordan, St. Simons Island, Georgia; H. Dean Clements, Chattanooga, Tennessee; and Evan M. Tager, Dan Himmelfarb, and Theodore J. Weiman, Washington, D.C., for the appellant, CSX Transportation, Inc.

H. Douglas Nichol, Knoxville, Tennessee, and Joseph D. Satterley, Louisville, Kentucky, for the appellee, Thurston Hensley.

OPINION

CHARLES D. SUSANO, JR., J., delivered the opinion of the court, in which D. MICHAEL SWINEY and JOHN W. McCLARTY, JJ., joined.

This case is back before us on remand from the United States Supreme Court "for further proceedings not inconsistent with [its] opinion" in CSX Transportation, Inc. v. Thurston Hensley, ___ U.S. ___, 129 S.Ct. 2139, 173 L.Ed.2d 1184 (U.S. 2009) (Hensley II). The case was first before us in Hensley v. CSX Transportation...

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