MEMORANDUM AND ORDER
ALLEN SHARP, Chief Judge.
This cause is before the court pursuant to the motion for judgment on the pleadings filed by the defendant, Norfolk and Western Railway Company ("N&W"), on February 28, 1997. In this motion, the defendant seeks to dismiss only Count II of the Complaint pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. On May 22, 1997, this court held oral argument on this motion in Lafayette, Indiana...
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