MEMORANDUM OPINION
TURK, Chief Judge.
This case is before the court on the Motion for Summary Judgment filed by the defendant, Norfolk and Western Railway Company (hereafter the N & W). Jurisdiction of this court is invoked pursuant to 28 U.S.C. §§ 1331, 1337, and 2201. A hearing was held on February 27, 1985, at which time evidence was presented and arguments were made. The parties have submitted briefs, and the matter is now ripe for a decision...
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