MEMORANDUM-DECISION AND ORDER
McCURN, Senior District Judge.
In May 1999, plaintiff Michael Taylor commenced this negligence action against defendant Consolidated Rail Corporation, d/b/a Conrail, alleging that he sustained serious and permanent ear damage due to defendant's train's whistle blowing. Defendant now moves for summary judgment pursuant to Fed.R.Civ.P. 56. The motion is unopposed. For the following reasons, defendant's motion is granted.
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