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VARNEY v. NORFOLK AND WESTERN RY. CO.

Civ. A. No. 3:94-0554.

899 F.Supp. 280 (1995)

Harry VARNEY, Plaintiff, v. NORFOLK AND WESTERN RAILWAY CO., Defendant.

United States District Court, S.D. West Virginia, Huntington Division.

September 29, 1995.

Attorney(s) appearing for the Case

J. Thomas Hardin, Inez, KY, John David Preston, Paintsville, KY, for plaintiff.

Mark Hayes, Huntington, WVA, for defendant.

ORDER

GOODWIN, District Judge.

Pending before the Court is defendant Norfolk and Western Railway Company's ("N & W") Motion for Partial Summary Judgment on the Application of the Boiler Inspection Act, 45 U.S.C. § 23. Because no material facts are in dispute regarding this issue, the Court finds that the Act is not applicable to this case and that N & W is entitled to partial summary judgment as...

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