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FULK v. NORFOLK SOUTHERN RY. CO.

No. 1:3CV234.

35 F.Supp.3d 749 (2014)

Dana B. FULK, The Estate of John H. Fulk in, and John Fulk III, Plaintiffs, v. NORFOLK SOUTHERN RAILWAY COMPANY and Norfolk Southern Corporation, Defendants.

United States District Court, M.D. North Carolina.

Signed August 4, 2014.

Attorney(s) appearing for the Case

William Cox Tucker, Jr. , Petway, Tucker & Barganier, LLC, Birmingham, AL, Rachel Scott Decker , Carruthers & Roth, PA, Greensboro, NC, for Plaintiffs.

Jeffrey S. Berlin , Sidley Austin LLP, Washington, DC, John S. Buford , M. Daniel McGinn , Nicole A. Crawford , Reid L. Phillips , Brooks Pierce McLendon Humphrey & Leonard, LLP, Greensboro, NC, for Defendants.

MEMORANDUM OPINION AND ORDER

Presently before the court is Defendants' Motion to Dismiss (Doc. 10). Defendants have filed a memorandum (Doc. 11) in support of their motion, Plaintiffs have filed a response in opposition (Doc. 20), and Defendants have filed a reply (Doc. 21).1

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