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WALKER v. CSX TRANSP., INC.

No. 10-14136.

650 F.3d 1392 (2011)

Roland L. WALKER, Deborah P. Walker, Plaintiffs-Appellants, v. CSX TRANSPORTATION, INC., a Virginia Corporation, John Does 1-10, Georgia Residents, Norfolk Southern Railway Company, a Virginia Corporation, Norfolk Southern Corporation, a Virginia Corporation, Defendants-Appellees, Unilever Bestfoods of North America, a Division of Conopco, Inc., a New York Corporation, Defendant.

United States Court of Appeals, Eleventh Circuit.

August 22, 2011.

Attorney(s) appearing for the Case

Myles E. Eastwood, William C. Lanham, Clark H. McGehee, Johnson & Ward, Atlanta, GA, for Plaintiffs-Appellants.

James E. Gilson, Joyce Gist Lewis, R. Sean McEvoy, Casey Gilson, PC, William C. Thompson, Laura S. Morris, Weissman, Nowack, Curry & Wilco, PC, Atlanta, GA, for Defendants-Appellees.

Before TJOFLAT, WILSON and RIPPLE, Circuit Judges.

TJOFLAT, Circuit Judge:

I.

A.

This negligence suit under Georgia law stems from an injury Roland Walker suffered as he unloaded freight from a railcar in July 2005. At that time, Walker worked for Exel, Inc., the operator of a shipping and receiving facility in Fairburn, Georgia,1 which exclusively receives deliveries of food products from Unilever Bestfoods of North America ("Unilever") on behalf of local Fairburn...

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