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HERRIMAN v. CONRAIL INC.

No. 1:94-CV-232.

883 F.Supp. 303 (1995)

Charles E. HERRIMAN and Johnny Sue Herriman, Plaintiffs, v. CONRAIL INC., and Consolidated Rail Corporation, Defendants.

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

April 24, 1995.

Attorney(s) appearing for the Case

Gene M. Jones, Martin W. Kus, Newby, Lewis, Kaminski & Jones, LaPorte, IN, for plaintiffs.

Bruce A. Hugon, Victor L. Frost, II, Andrew W. Swain, Cindy E. Shively, Frost & Hugon, Indianapolis, IN, for defendants.

MEMORANDUM OF DECISION AND ORDER

COSBEY, United States Magistrate Judge.

This matter is before the Court1 on the Defendants', Conrail, Inc. and Consolidated Rail Corporation (hereinafter collectively referred to as "Conrail"), Motion for Partial Summary Judgment, filed March 15, 1995. Plaintiffs, Charles E. Herriman and Johnny Sue Herriman (hereinafter collectively referred to as "the Herrimans"), filed a response brief on April...

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