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FARMERS & MERCHANTS ST. BK v. NORFOLK & WESTERN RY.

Civ. No. L 87-21.

673 F.Supp. 946 (1987)

The FARMERS & MERCHANTS STATE BANK, the Conservator of the funds of Jerry Adam Scott, Wendy Marie Scott; and Jeffrey Lamar Scott, Minors, Plaintiffs, v. NORFOLK & WESTERN RAILWAY COMPANY, Defendant.

United States District Court, N.D. Indiana, Hammond Division at Lafayette.

November 20, 1987.

Attorney(s) appearing for the Case

Jay T. Hirschauer, Courtney B. Justice, Logansport, Ind., for plaintiffs.

Stephen R. Pennell, John C. Duffey, Russell H. Hart, Lafayette, Ind., for defendant.

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

On February 19, 1987, the plaintiffs filed a complaint seeking personal injury damages allegedly sustained in a motor vehicle-train collision at a railroad crossing intersection in Carroll County, Indiana on January 30, 1987. The allegation in rhetorical paragraph seven and its subparts alleges various specifications of negligence in the operation of the train and the maintenance of the crossing, including the...

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