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United States Seventh Circuit


Fifth Third Bank v. CSX Corp., 04-2780

In a wrongful death action resulting from a train-car collision, dismissal of plaintiff's suit is affirmed where the claim, alleging that the railroad warning devices were inadequate, is preempted by the Federal Railroad Safety Act.

Appellate Information

  • Argued 02/10/2005
  • Decided 07/22/2005
  • Published 07/22/2005

Judges

  • SYKES, Circuit Judge., Before MANION, EVANS, and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • William J. Lazarus (argued), Kenneth J. Allen (argued), Allen & Associates Valparaiso, IN, for Plaintiffs-Appellants.

  • For Appellees:
  • Harold Abrahamson (argued), Aimee R. Rivera, Abrahamson & Reed, Hammond, IN, Timothy M. Swan (argued), Clark & Associates, Munster, IN, for Defendants-Appellees.
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