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KANSAS CITY SOUTHERN RY. v. NICHOLS CONST. CO.

Civil Action No. 05-1182.

574 F.Supp.2d 590 (2008)

KANSAS CITY SOUTHERN RAILWAY COMPANY v. NICHOLS CONSTRUCTION COMPANY, L.L.C., et al.

United States District Court, E.D. Louisiana.

August 13, 2008.

Attorney(s) appearing for the Case

Patrick A. Talley, Jr., Carl Edward Hellmers, III, Louis Matthew Grossman, Frilot L.L.C., New Orleans, LA, for Kansas City Southern Railway Company*Nichols Construction Company, L.L.C., et al.

Blake G. Arata, Jr., C. Perrin Rome, III, Jody Forester Jackson, William Chad Stelly, Rome, Arata & Baxley, LLC, New Orleans, LA, Bristol A. Baxley, Rome, Arata & Baxley, LLC, Pearland, TX, for Kansas City Southern Railway Company.

Kenneth H. Laborde, Brendan Patrick Doherty, Leo Raymond McAloon, III, Gieger, Laborde & Laperouse, LLC, New Orleans, LA, James Harold Daigle, Anne Derbes Wittmann, Evan T. Caffrey, Baker, Donelson, Bearman, Caldwell & Berkowitz, New Orleans, LA, Thomas A. Porteous, Degan, Blanchard & Nash, Baton Rouge, LA, for Nichols Construction Company, L.L.C., et al.

ORDER AND REASONS1

HELEN G. BERRIGAN, District Judge.

Before the Court is a motion for summary judgment filed by the Defendant, Kansas City Southern Railway Co. ("KCS"), to dismiss claims brought against it by Plaintiffs John R. Scott ("Scott") and Larry Selvage ("Selvage") (collectively "Plaintiffs") under the Federal Employers Liability Act ("FELA"). Plaintiffs oppose the motion. The motion is before the Court...

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