FILED IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE December 8, 1997 Cecil W. Crowson Appellate Court Clerk NOT FOR PUBLICATION

KENNETH McDANIEL, ) ) Filed: December 8, 1997 Plaintiff/Appellee, ) ) Vs. ) Davidson Circuit ) CSX TRANSPORTATION, INC., ) ) No. 01S01-9605-CV-00095 Defendant/Appellant. )

ORDER ON PETITION FOR REHEARING The defendant has filed a petition for rehearing of this appeal pursuant to Tenn. R. App. P. 39. We have considered all of the arguments raised in the petition and have found them to be without merit.

Accordingly, it is ORDERED that the petition for rehearing is denied.

PER CURIAM