MEMORANDUM OPINION AND ORDER
LOZANO, District Judge.
This matter is before the court on the Motion for Summary Judgment, filed August 3, 1990, by the defendant, Elgin, Joliet & Eastern Railway Company (hereinafter referred to as "EJ & E"). Pursuant to Local Rule 9(a) of the General Rules of the United States District Court for the Northern District of Indiana, the plaintiff, Modesto Ricard (hereinafter...
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