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MAHONY v. CSX TRANSP., INC.

No. 90-9052.

966 F.2d 644 (1992)

Robert MAHONY, as father and personal representative of Eve Mahony, in his own Behalf and as next of kin and for the use and Benefit of Eve Mahony's mother, Barbara Mahony, Plaintiffs-Appellants, v. CSX TRANSPORTATION, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 20, 1992.

Attorney(s) appearing for the Case

Allison Ulin Lynch and Pamela Rymer O'Dwyer, Paty Rymer & Ulin, Chattanooga, Tenn., for plaintiffs-appellants.

Jack Harrell Senterfitt, Gerald L. Mize, Jr., and James W. Hagan, Alston & Bird, Atlanta, Ga., for defendant-appellee.

Before BIRCH, Circuit Judge, DYER, Senior Circuit Judge, and FULLAM, Senior District Judge.

PER CURIAM:

This diversity case involves a railroad accident. On January 23, 1987, Eve Mahony was walking along a road in rural Georgia when she entered a railroad crossing and was struck by an approaching train owned by defendant CSX Transportation, Inc. ("CSX"). Mahony's parents ("plaintiffs") sued CSX for wrongful death, alleging various theories of liability. Two of these theories — that CSX was negligent in operating the train at an excessive speed and...

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