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CAVENDER v. CONSOLIDATED RAIL CORP.

Civ. A. No. 83-A044.

588 F.Supp. 98 (1984)

Paul Timothy CAVENDER and Barbara Cavender, Plaintiffs, v. CONSOLIDATED RAIL CORPORATION, d/b/a Conrail, Defendant and Third-Party Plaintiff, v. E.I. duPONT de NEMOURS AND COMPANY, INC., Third-Party Defendant.

United States District Court, S.D. West Virginia, Parkersburg Division.

July 23, 1984.

Attorney(s) appearing for the Case

Harvey D. Peyton, Calwell, McCormick & Peyton, LC, Nitro, W. Va., for plaintiffs.

Robert H.C. Kay, Kay, Casto & Chaney, Charleston, W. Va., for Conrail.

George G. Guthrie, Spilman, Thomas, Battle & Klostermeyer, Charleston, W. Va., for duPont.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending before this Court is Defendant Conrail's motion for summary judgment and Third-Party Defendant duPont's motion to dismiss. Briefly, this case involves a personal injury action by Cavender alleged to be the result of Conrail's placing two defective railroad cars on the duPont tracks at duPont's Bell, West Virginia, plant. Conrail impleaded duPont on the ...

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