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ESTATE OF STRANDBERG v. CHICAGO, CENTRAL & PAC. R.R. CO,

No. C02-0029.

284 F.Supp.2d 1136 (2003)

ESTATE OF Brentley James STRANDBERG, deceased, by his administrator, Jerry Strandberg, Plaintiff, v. CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY, a Delaware corporation, also known as and doing business under the fictitious name, Canadian National/Illinois Central Railroad (CN/IC), Defendants.

United States District Court, N.D. Iowa, Central Division.

February 25, 2003.

Attorney(s) appearing for the Case

Frederick W. James, The James Law Firm, PC, George F. Davison, Jr., Hawkins & Norris, Des Moines, IA, for Plaintiff.

R. Todd Gaffney, Finley Alt Smith Scharnberg Craig Hilmes & Gaffney, PC, Des Moines, IA, for Defendants.

ORDER

JARVEY, United States Magistrate Judge.

This matter comes before the court pursuant to the defendant's December 10, 2002 motion for summary judgment (docket number 12). The parties have consented to the exercise jurisdiction by a United Stated Magistrate Judge pursuant to 28 U.S.C. § 636(c). For the reasons set forth below, the motion is granted in part and denied in part.

This action arose out of a collision between a pick-up truck and...

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