FIFTH THIRD BANK v. CSX CORP.

Civil No. 4:02-CV-0009 AS.

306 F.Supp.2d 841 (2004)

FIFTH THIRD BANK, by and through Cynthia Bozik, Trust Officer, as Special Administrator of the Estate of Kacie Bechard, Deceased, Sheryl M. Bechard, and Stephen Bechard, Plaintiffs, v. CSX CORPORATION, a corporation; CSX Transportation Corp., a corporation; Newton County Highway Department, and Newton County, by and through its Board of Commissioners, State of Indiana, Indiana Department of Transportation, and National Railroad Passenger Corporation, a/k/a Amtrak, Defendants.

United States District Court, N.D. Indiana, Hammond Division.

February 23, 2004.


Attorney(s) appearing for the Case

Bryan L. Bradley, Kenneth J. Allen, Michael T. Terwilliger, Kenneth J. Allen and Associates PC, Valparaiso, IN, for Plaintiffs.

Harold Abrahamson, Abrahamson and Reed, Hammond, IN, Bruce Phillip Clark, Timothy M. Swan, Bruce P. Clark and Associates, Munster, IN, Patrick K. Ryan, Blaney Casey and Walton, William F. Sammons, Sammons Law Office, Morocco, IN, Edward M. Kohan, Indiana Attorney General, Indianapolis, IN, for Defendants.


MEMORANDUM AND ORDER

ALLEN SHARP, District Judge.

The Defendants, Newton County Highway Department and Newton County ("Newton County"), on or about August 29, 2003, moved for summary judgment alleging no genuine issues as to any material fact exist in this matter. On or about December 23, 2002, Defendants, CSX Transportation Corporation, and National Railroad Passenger Corporation, a/k/a Amtrak ("the Railroad"), filed a motion for partial summary judgment...

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