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PERRY v. NORFOLK AND WESTERN RY. CO.

Civ. No. 1:94cv-113.

865 F.Supp. 1292 (1994)

George K. PERRY, and Karen L. Sallows, Plaintiffs, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant.

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

October 19, 1994.

Attorney(s) appearing for the Case

Frederick R. Hovde, Townsend Hovde and Montross, Indianapolis, IN, for plaintiffs George K. Perry, Karen L. Sallows.

John C. Duffey, Russell H. Hart, Adel James Chareq, Stuart and Branigin, Lafayette, IN, for defendants Norfolk Southern Corp., Norfolk and Western Ry. Co.

ORDER

WILLIAM C. LEE, District Judge.

This matter is before the court on defendant Norfolk and Western Railway Company's Motion for Summary Judgment. For the following reasons, defendant's Motion for Summary Judgment is granted.

SUMMARY JUDGMENT

Summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits...

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