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ILLINOIS CENT. R. CO. v. CRYOGENIC TRANSP., INC.

Civil Action No. 3:09CV473-HTW-LRA.

901 F.Supp.2d 790 (2012)

ILLINOIS CENTRAL RAILROAD COMPANY, Plaintiff v. CRYOGENIC TRANSPORTATION, INC., et al., Defendants. Clydine Daniel, in her capacity as Administratrix/executrix/personal Representative of the Estate of Michael Daniel, Deceased; Clydine Daniel, individually, Counter-Plaintiff v. Illinois Central Railroad Company, Counter-Defendant One Beacon America Insurance Company, Intervenor Plaintiff.

United States District Court, S.D. Mississippi, Jackson Division.

September 30, 2012.

Attorney(s) appearing for the Case

Jeremy L. Birdsall , George H. Ritter , Wise, Carter, Child & Caraway, Jackson, MS, for Plaintiff.

Roy A. Smith, Jr. , Roy A. Smith, Jr.   Thomas R. Julian , Daniel, Coker, Horton & Bell, Jackson, MS, Emily Hornsby Nelson , Birmingham, AL, Larry W. Morris , Morris, Haynes fe Hornsby, Alexander City, AL, for Defendants.

Mark D. Lumpkin , James R. Reeves, Jr. , Lumpkin, Reeves & Mestayer, PLLC, Biloxi, MS, for Counter-Plaintiff.

Walter Michael Gillion , Michael Gillion, PC, Mobile, AL, for Intervenor Plaintiff.

ORDER GRANTING IN PART AND DENYING IN PART SUMMARY JUDGMENT

HENRY T. WINGATE, District Judge.

In this lawsuit, defendant and counter-plaintiff Clydine Daniel ("C. Daniel") has filed counter-claims against the original plaintiff, Illinois Central Railroad Company ("ICRR"), accusing ICRR of negligently causing the death of her husband, Michael Daniel ("M. Daniel"), when an ICRR train collided with the decedent...

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