Cause No. 1:07-CV-222.

659 F.Supp.2d 998 (2009)

Lynford GROGG, Plaintiff, v. CSX TRANSPORTATION, INC., Defendant.

United States District Court, N.D. Indiana, Fort Wayne Division.

September 14, 2009.

Attorney(s) appearing for the Case

Jeffrey E. Chod PHV, Patrick S. O'Brien PHV, O'Brien Chod LLC, St. Louis, MO, Thomas A. Manges, Roby & Manges Law Firm, Fort Wayne, IN, for Plaintiff.

James R. Carnes, Anspach Meeks Ellenberger LLP, Toledo, OH, for Defendant.


WILLIAM C. LEE, District Judge.

This matter is before the court on the motion for summary judgment filed by the defendant, CSX Transportation, Inc. ("CSX") on May 26, 2009. Docket at 48. The plaintiff, Lynford Grogg ("Grogg") filed a response in opposition to the motion on June 25, 2009 (docket at 53) and CSX filed a reply on July 13, 2009 (docket at 54). For the reasons discussed herein, the motion for summary judgment is...

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