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COX v. NORFOLK AND WESTERN RY. CO.

Civil Action No. 1:97-0415.

998 F.Supp. 679 (1998)

Randall COX, Plaintiff, v. NORFOLK AND WESTERN RAILWAY COMPANY, a Virginia corporation, Defendant.

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

March 4, 1998.

Attorney(s) appearing for the Case

Michael F. Gibson, Gibson & Associates, Princeton, WV, for Plaintiff.

Robert L. Massie, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

FABER, District Judge.

Pending before the court is the defendant's motion for summary judgment filed on December 22, 1997. The plaintiff filed a response on January 21, 1998. The defendant filed a reply on January 29, 1998, and an amended reply on February 4, 1998.

Factual and Procedural Background

On March 9, 1995, the plaintiff, Randall Cox, was struck by a Norfolk and Western Railway Company...

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