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LONGVIEW FIBRE CO. v. CSX TRANSP., INC.

No. 6:05-CV-366.

526 F.Supp.2d 332 (2007)

LONGVIEW FIBRE COMPANY, Plaintiff, v. CSX TRANSPORTATION, INC., and CSX Corporation, Defendants. CSX Transportation, Inc., Third-Party Plaintiff, v. Hansen & Rice, Inc., CFI Construction, Inc., and CT Male Associates, P.C., Third-Party Defendants.

United States District Court, N.D. New York.

December 20, 2007.

Attorney(s) appearing for the Case

Whiteman Osterman & Hanna L.L.P., Margaret J. Gillis, Esq., Christopher W. Meyer, Esq., of counsel, Albany, NY, for Plaintiff Longview Fibre Company.

Hodgson Russ L.L.P., Lawrence R. Bailey, Jr., Esq., Noreen D. Grimmick, Esq., of counsel, New York, NY, for Defendant CSX Corporation and Defendant/Third-Party Plaintiff CSX Transportation, Inc.

Roche Corrigan McCoy & Bush, Scott W. Bush, Esq., of counsel, Albany, NY, for Third-Party Defendants Hansen & Rice, Inc., and CFI Construction, Inc.

Harter Secrest & Emery L.L.P., Michael A. Damia, Esq. of counsel, Rochester, NY, for Third-Party Defendant CT Male Associates, P.C.

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

Plaintiff Longview Fibre Company ("Longview" or "plaintiff') brings this negligence action against defendants CSX Transportation, Inc., and CSX Corporation (collectively "CSX" or "defendant"). CSX brings a counterclaim against Longview for negligence and a third-party negligence action against third...

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