MEMORANDUM AND ORDER
ADELMAN, United States Magistrate Judge.
This matter is before the Court on defendant's Motion to Dismiss Plaintiff's Petition for Lack of Subject Matter Jurisdiction and/or Motion for Summary Judgment. The parties consented to the jurisdiction of the undersigned pursuant to 28 U.S.C. § 636(c).
Facts
At all times pertinent to this case, plaintiff was employed by Norfolk & Western Railway Company...
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