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BENTLEY v. CSX TRANSP., INC.

Civil Action No. 2:05-CV-128-WCO.

437 F.Supp.2d 1327 (2006)

Terry BENTLEY and Sandra Dillard, and as Executrices of the Estate of Dorothy Bentley, and Elaine Clemmer and Nancy Brown, Plaintiffs, v. CSX TRANSPORTATION, INC., Defendant.

United States District Court, N.D. Georgia, Gainesville Division.

June 26, 2006.

Attorney(s) appearing for the Case

Donald L. Swift, III, John Michael McGarity, Elizabeth L. Clack-Freeman, Andersen Tate Mahaffey & McGarity, Lawrenceville, GA, for Plaintiffs.

James E. Gilson, Robert Edward Casey, Jr., Robert Sean McEvoy, Casey Gilson Leibel, Atlanta, GA, for Defendant.

ORDER

O'KELLEY, Senior District Judge.

The captioned case is before the court for consideration of defendant's motion to dismiss [10-1] pursuant to Federal Rule of Civil Procedure 12(b)(6).

I. Factual Background

On October 15, 2004, Dorothy Bentley was driving her vehicle southbound on Athens Street over a railroad grade crossing in Winder, Georgia. (Compl. ¶ 6.) At the same time, defendant's train was traveling westbound...

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