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McGINNIS v. UNION PACIFIC R. CO.

Civil Action No. 3:07-CV-32.

612 F.Supp.2d 776 (2009)

Christopher McGINNIS, Individually, and by Next Friend, Buffy McGinnis, Plaintiffs, v. UNION PACIFIC RAILROAD CO., Defendant and Third-Party Plaintiff, Metropolitan Transit Authority of Harris County, Texas, Intervenor v. Liberty Mutual Fire Insurance Company and Those Certain Individual Underwriters of Lloyd's London, Forming Syndicate 1861 and Syndicate 2003 Subscribing Severally to Policy Number 576/UF7273700 for the 2003 Lloyd's Year of Account, Third-Party Defendants.

United States District Court, S.D. Texas, Galveston Division.

March 16, 2009.

Attorney(s) appearing for the Case

George William Gore, Attorney at Law, Houston, TX, for Plaintiffs.

John L. Hagan, Jones Day, Benton R. Bond, Houston, TX, for Defendant and Third-Party Plaintiff.

Michael Phillips, Phillips Akers PC, John Martin Ribarits, Preis Roy, Houston, TX, Jennifer E. Michel, Preis & Roy, Lafayette, LA, for Third-Party Defendants.

Bryan S. Dumesnil, William G. Hagans, Bracewell Giuliani LLP, Houston, TX, for Intervenor.

MEMORANDUM AND ORDER

KEITH P. ELLISON, District Judge.

Before the Court are the Motions for Summary Judgment of Third-Party Defendants Liberty Mutual Fire Insurance Company ("Liberty Mutual") (Docket Entry ("Doc.") No. 64) and Underwriters of Lloyd's, London ("Lloyd's") (Doc. No. 66), and all objections, responses and replies thereto (respectively, Doc. Nos. 74, 76, 84 & 85; Doc. Nos. 76, 81, 87, 88 & 90). Also before the Court are the Partial...

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