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WABASH & WESTERN RY. v. CITY OF KENDALLVILLE, IND.

No. 1:98-CV-50.

29 F.Supp.2d 948 (1998)

WABASH & WESTERN RAILWAY CO. d/b/a Michigan Southern Railroad, a Corporation, Plaintiff, v. The CITY OF KENDALLVILLE, INDIANA, a Municipal Corporation, Defendant.

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

December 1, 1998.

Attorney(s) appearing for the Case

John C. Theisen, Barnes and Thornburg, Fort Wayne, IN, for Wabash & Western Ry. Co.

Michael M. Yoder, Kendallville, IN, Jeffrey S. Arnold, Yoder Law Office, Kendallville, IN, for City of Kendallville, Indiana.

MEMORANDUM OF DECISION AND ORDER

WILLIAM C. LEE, Chief Judge.

I. INTRODUCTION

This matter is before the Court on the motion for summary judgment filed by the Plaintiff, Wabash & Western Railway Co. d/b/a Michigan Southern Railroad ("MSR"), on May 4, 1998. The Defendants, The City of Kendallville, Indiana ("the City") responded on May 21, 1998, and MSR replied on May 28, 1998. The Court heard oral argument on the motion on July 9, 1998...

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