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CSX TRANSPORTATION, INC. v. CITY OF MITCHEL, IND.

No. NA 97-98-C B/G.

105 F.Supp.2d 949 (1999)

CSX TRANSPORTATION, INC., Plaintiff, v. CITY OF MITCHELL, INDIANA, Defendant.

United States District Court, S.D. Indiana, New Albany Division.

December 30, 1999.

Attorney(s) appearing for the Case

David R. Monohan, Woodward Hobson & Fulton, Louisville, KY, for Plaintiff.

Terry G. Duga, Deputy Attorney General, Indianapolis, Alan R. Miller, Rudy & Miller, New Albany, NY, for Defendant.

FINDINGS OF FACT and CONCLUSIONS OF LAW and SUMMARY JUDGMENT

BARKER, Chief Judge.

The Court hereby enters its Findings of Fact and Conclusions of Law and Summary Judgment in favor of Plaintiff, CSX Transportation, Inc. ("CSXT"), whose October 6, 1999, motion for such relief has gone unopposed by the Defendant and, as a matter of fact and law, is entitled to be granted.1

FINDINGS OF FACT

1. CSXT...

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