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JUSTICE v. NORFOLK AND WESTERN RY. CO.

Civ. A. No. 3:86-0525.

657 F.Supp. 340 (1987)

Paul E. JUSTICE, Plaintiff, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant and Third-Party Plaintiff, v. OLD BEN COAL COMPANY, Third-Party Defendant.

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

April 1, 1987.

Attorney(s) appearing for the Case

Robert H. Carlton, Williamson, W.Va., for Justice.

W. Graham Smith, Jr., Smith & Rumora, Williamson, W.Va., for Norfolk & Western.

David B. Thomas and Cynthia A. Nelson, Spilman, Thomas, Battle & Klostermeyer, Charleston, W.Va., for Old Ben Coal Co.

ORDER

HADEN, Chief Judge.

Pending are two motions for summary judgment. The Third-Party Defendant Old Ben Coal Company seeks by motion filed February 13, 1987, summary judgment against the Norfolk and Western Railway Company on its third-party complaint. The Norfolk and Western Railway Company seeks summary judgment by motion filed March 10, 1987, against the Plaintiff. The time for filing dispositive motions expired February 14, 1987, per this Court's Order...

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