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HESTER v. CSX TRANSP., INC.

No. 94-60506.

61 F.3d 382 (1995)

Alvia E. HESTER, Sr., and Brenda Hester, Individually and Brenda Hester as the Executor of the Estate of Alvia E. Hester, Jr., Deceased, Plaintiffs-Appellants, v. CSX TRANSPORTATION, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 21, 1995.

Attorney(s) appearing for the Case

Mark D. Lumpkin, Biloxi, MS, William S. Guy, McComb, MS, for appellants.

Raymond L. Brown, W. Mark Edwards, Pascagoula, MS, for appellee.

William A. Brasher, St. Louis, MO, Stephen A. Trimble, Washington, DC, for amicus Ass'n of American Railroads.

Before REAVLEY, GARWOOD and DAVIS, Circuit Judges.

GARWOOD, Circuit Judge:

Plaintiffs-appellants Alvia Hester, Sr. and Brenda Hester (the Hesters) appeal an order of the district court granting defendant-appellee CSX Transportation's (CSX) motion for reconsideration, pursuant to which the district court reinstated the jury verdict in favor of CSX. We affirm.

Facts and Proceedings Below

On July 22, 1989, an automobile in which the Hesters' fourteen-year-old son was a passenger collided with a train...

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