ROBERT MAHONY, AS FATHER AND PERSONAL REPRESENTATIVE OF EVE MAHONY, IN HIS OWN BEHALF AND AS NEXT OF KIN AND FOR THE USE AND BENEFIT OF EVE MAHONY'S MOTHER, BARBARA MAHONY, PLAINTIFFS-APPELLANTS,
v.
CSX TRANSPORTATION, INC., DEFENDANT-APPELLEE

11th Cir. | 1993-05-24
No. 90-9052
Before TJOPLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK and CARNES, Circuit Judges, and DYER, Senior Circuit Judge.
993 F.2d 211 Court of Appeals for the Eleventh Circuit (1993) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM:

PER CURIAM: In this case, plaintiffs appeal an adverse judgment in their Georgia wrongful death action arising from a railroad crossing accident. A panel of this court, applying our decision in Eastenvood v. CSX Transportation, Inc., 933 F. 2d 1548 (11th Cir.1991), remanded the case. 966 F. 2d 644. A majority of the active judges in regular active service ordered that the appeal be reheard by the court of appeals en bane. This order vacated the panel opinion. Mahony v. CSX Transp., Inc., 980 F. 2d 1379 (11th Cir.1992). Subsequently, the Supreme Court of the United States affirmed our decision in Easterwood. See CSX Transp., Inc. v. Easterwood, — U.S. -, 113 S.Ct. 1732, 123 L.Ed.2d 387 (1993). We now reinstate the panel opinion in its entirety. IT IS SO ORDERED.

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