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MAYNARD v. CSX TRANSP., INC.

No. CIV.A. 01-211-DLB.

360 F.Supp.2d 836 (2004)

Patsy C. MAYNARD, et al Plaintiffs v. CSX TRANSPORTATION, INC. Defendant/Third Party Plaintiff v. AEP Kentucky Coal, L.L.C. Third Party Defendant.

United States District Court, E.D. Kentucky, Pikeville.

March 12, 2004.

Attorney(s) appearing for the Case

Lawrence R. Webster, Pikeville, KY, for Plaintiff.

James E. Cleveland, III, Ashland, KY, Neal Smith, Pikeville, KY, for Defendant.

Robert J. Patton, Prestonburg, KY, for Third Party Defendant.

MEMORANDUM OPINION & ORDER

BUNNING, District Judge.

This matter is before the Court on defendant CSX Transportation's motion for summary judgment. (Doc. # 53) Plaintiff having filed their response (Doc. # 57), to which defendant has filed its reply (Doc. # 62), oral argument on the motion having been conducted, and the defendant having supplemented its motion with an additional memorandum of law (Doc. # 66), this motion is ripe for review.

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