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FRANKLIN v. NORFOLK & WESTERN RY. CO.

Civ. A. No. 5:88-0192.

694 F.Supp. 196 (1988)

Michael A. FRANKLIN and Twila Franklin, Plaintiffs, v. NORFOLK & WESTERN RAILWAY COMPANY, a corporation and U.S. Steel Corporation, Defendant. NORFOLK & WESTERN RAILWAY CO., Third-Party Plaintiff, v. UNITED STATES STEEL MINING CO., INC., Third-Party Defendant.

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

September 1, 1988.

Attorney(s) appearing for the Case

Norris Kantor, Katz, Kantor & Perkins, Bluefield, W.Va., Stephen P. Gast, Grieser, Schafer, Blumenstiel & Slane Co., L.P.A., Columbus, Ohio, for plaintiffs.

Wade T. Watson, Sanders, Watson & White, Bluefield, W.Va., for the defendant N & W.

Michael B. Victorson, Robinson & McElwee, Charleston, W.Va., David A. Luptak, Pittsburgh, Pa., for third-party defendant U.S. Steel Min. and U.S. Steel.

MEMORANDUM ORDER

HALLANAN, District Judge.

This matter is before the Court via the motion of Defendant U.S. Steel Corporation to dismiss, and via the motion of the Plaintiffs to amend the Complaint. After careful consideration the Court is prepared to rule on said motions.

U.S. Steel Corporation (hereinafter "USX") (U.S. Steel Corporation changed its name to USX Corporation in July 1986) has moved for its dismissal as a Defendant on the ground that...

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