WAGONER v. CSX TRANSP., INC.

No. CIV. 1:02CV281.

246 F.Supp.2d 1002 (2003)

John D. WAGONER and Phillip W. Wagoner, Plaintiffs, v. CSX TRANSPORTATION, INC., Defendant.

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

January 8, 2003.


Attorney(s) appearing for the Case

Travis S. Friend, Frank J. Gray, Matthew J. Elliott, Beckman Lawson Sandler Snyder and Federoff, Fort Wayne, IN, for John D. Wagoner, Phillip W. Wagoner, Plaintiffs.

Harold Abrahamson, Abrahamson Reed and Adley, Hammond, IN, Mark W. Baeverstad, Hunt Suedhoff Kalamaros LLP, Fort Wayne, IN, for CSX Transportation Inc, Board of Commissioners of Allen County, Defendants.


ORDER

William C. LEE, Chief Judge.

This matter is before the court on a motion for summary judgment filed by the defendant CSX Transportation, Inc. ("CSX") on or about June 11, 2002, in state court. The plaintiffs responded to the motion on July 26, 2002, to which CSX replied on August 12, 2002. On November 21, 2002, after removal to this court, CSX filed a supplemental brief in support of its motion. On November 22, the plaintiffs likewise filed...

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