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  5. 997 F.Supp. 1128 (1998)
 

MAYNARD BY MAYNARD v. INDIANA HARBOR BELT R. CO.

No. 2:96-CV-536-RL.

997 F.Supp. 1128 (1998)

David MAYNARD b/n/f Douglas MAYNARD and Douglas Maynard, Individually, Plaintiffs, v. INDIANA HARBOR BELT RAILROAD COMPANY, Defendant.

United States District Court, N.D. Indiana, Hammond Division.

March 5, 1998.

Attorney(s) appearing for the Case

Wanda E. Jones, Cappas and Jones, Highland, IN, for Plaintiffs.

Harold Abrahamson, Abrahamson, Reed and Adley, Hammond, IN, for Defendant.

ORDER

LOZANO, District Judge.

This matter is before the Court on Defendant's Motion for Summary Judgment, filed on October 31, 1997. For the reasons set forth below, the motion is GRANTED IN PART and DENIED IN PART.

BACKGROUND

Between 5:30 and 5:45 p.m. on May 23, 1994, 13-year-old David Maynard ("David") injured himself climbing between railroad cars owned by Indiana Harbor Belt Railroad Company ("IHB"). David...

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