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CATES v. CONSOL. RAIL CORP.

No. 14432.

100 Ohio App.3d 288 (1995)

CATES, ADMR., Appellant, v. CONSOLIDATED RAIL CORPORATION et al., Appellees.

Court of Appeals of Ohio, Second District, Montgomery County.

Decided January 18, 1995.

Attorney(s) appearing for the Case

Steve J. Ruschau and Scott Rudnick, for appellant.

Patrick Smith, for appellees Consolidated Rail Corporation and Grand Trunk Western Railroad.

Neil Freund, for appellee city of Dayton.

BROGAN, Judge.

The appellant, Luann M. Cates, appeals from the judgment of the Montgomery County Common Pleas Court wherein the court granted summary judgment to the appellees, Consolidated Rail Corp. ("CSX"), Grand Trunk Western Railroad Company, Larry Meek, and the city of Dayton.

The events surrounding the litigation occurred just before sunrise on November 7, 1991 when Cates' husband Kenneth was en route...

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