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SMITH v. NORFOLK AND WESTERN RY. CO.

No. S90-494 (RLM).

776 F.Supp. 1335 (1991)

Stevie SMITH, et al., Plaintiffs, v. NORFOLK AND WESTERN RAILWAY CO., Defendant.

United States District Court, N.D. Indiana, South Bend Division.

October 8, 1991.

Attorney(s) appearing for the Case

Ken Allen, Dale Allen and Leon Sarkisian, Merrillville, Ind., for plaintiffs.

John C. Duffey and Russell H. Hart, Lafayette, Ind., for defendant.

MEMORANDUM AND ORDER

MILLER, District Judge.

On October 6, 1988, Judy Smith died as a result of a tragic automobile/train collision on U.S. 35 (Heaton Street) in Knox, Indiana. At 5:30 a.m., Ms. Smith's southbound automobile was crossing single main line tracks and was struck by a westbound train operated by Norfolk and Western Railway Company ("Norfolk"). Ms. Smith's husband and children brought this wrongful death action, alleging that Norfolk negligently...

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