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EX PARTE CSX TRANSP., INC.

1971946.

735 So.2d 476 (1999)

Ex parte CSX TRANSPORTATION, INC. (In re Judith P. Sweeney, as administratrix of the estate of Charles Kenneth Sweeney, deceased v. CSX Transportation, Inc.)

Supreme Court of Alabama.

Rehearing Denied April 30, 1999.

Attorney(s) appearing for the Case

Stephen A. Rowe, David W. Spurlock, and John B. Tally, Jr., of Lange, Simpson, Robinson & Somerville, L.L.P., Birmingham, for petitioner.

Frank O. Burge, Jr., of Burge & Wettermark, P.C., Birmingham; and William W. Tally of Tally & Tally, Scottsboro, for respondent.

HOUSTON, Justice.

The Jackson Circuit Court entered a summary judgment for the defendant CSX Transportation, Inc., in the plaintiff Judith Sweeney's action filed under the Federal Employer's Liability Act ("FELA"). The action was based on the death of Ms. Sweeney's husband, and it alleged negligence, negligent assignment, and negligent infliction of emotional distress. The Court of Civil Appeals reversed the summary judgment as to two of those claims. Sweeney v...

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