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The driver was not warned that part of the track near stonehaven was unsafe before the fatal crash in 2020.
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Three people died in the incident near stonehaven, Aberdeenshire, in August 2020.
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Case to call at high court in Aberdeen next month, after three people died when ScotRail train derailed
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Three people died when a train hit a landslide after heavy rain near stonehaven in 2020.
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The rail union warned of an increasing risk of another tragedy on the eve of the third anniversary of the Carmont rail incident on Saturday.