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BELL v. CONSOLIDATED RAIL CORP.

No. 99-7106.

306 F.Supp.2d 718 (2004)

Norma J. BELL, Executrix, Plaintiff v. CONSOLIDATED RAIL CORPORATION, Defendant

United States District Court, N.D. Ohio, Western Division.

February 23, 2004.

Attorney(s) appearing for the Case

Erwin J. Leizerman, Michael J. Leizerman, E.J. Leizerman & Associates, Toledo, OH, for Norma Bell, Executrix of Estate of Decedent, Roger Bell, Brandi LaCourse, Ryan Bell, Lori Bell, Bryan Bell, Nichole Bell, Kristopher Bell, Plaintiffs.

Garrick O. White, Anspach, Meeks & Nunn, Toledo, OH, Richard F. Ellenberger, Anspach, Meeks & Nunn, L.L.P., Toledo, OH, for Consolidated Rail Corporation, Defendant.

ORDER

CARR, District Judge.

This is a wrongful death FELA action arising from collision at about 1:30 a.m. on January 17, 1999, between a train in which plaintiff's decedent, Roger Bell, was the engineer and a train ahead of Bell's train. Bell and the conductor on the train with him, Ray Cottrell, were killed in the accident.

Pending is the plaintiff's motion for partial summary judgment. For the reasons that follow, the motion shall be denied.<...

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