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NORFOLK & W. RY. CO. v. HARTFORD ACC. & INDEM. CO.

Civ. No. F 75-95.

420 F.Supp. 92 (1976)

NORFOLK & WESTERN RAILWAY CO., Plaintiff, v. HARTFORD ACCIDENT & INDEMNITY CO., Defendant.

United States District Court, N. D. Indiana, Fort Wayne Division.

July 29, 1976.

Attorney(s) appearing for the Case

Larry R. Fisher and Russell H. Hart, Lafayette, Ind., Edward L. Murphy, Jr. and Norman E. Baker, Fort Wayne, Ind., for plaintiff.

P. Michael Miller, Fort Wayne, Ind., for defendant.

MEMORANDUM OF DECISION AND ORDER

ESCHBACH, Chief Judge.

This cause is now before the court on plaintiff's motion for summary judgment filed November 10, 1975 seeking judgment on its complaint, and on defendant's motion for summary judgment filed May 27, 1976 seeking judgment on its counterclaim. Because judgment on plaintiff's claim would necessarily be a judgment against defendant on its counterclaim, and vice versa, the respective motions for summary judgment...

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