MEMORANDUM ORDER
DAN M. RUSSELL, Jr., District Judge.
This matter is before the Court on a motion by the defendant, CSX Transportation, Inc. ("CSX"), for Partial Summary Judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure.
FACTS
On September 13, 1994, at approximately 9:33 p.m., a freight train operated by CSX collided with an automobile which was occupied by the Plaintiffs' decedent.
The collision occurred at...
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