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EARWOOD v. NORFOLK SOUTHERN RY. CO.

Civ. A. No. 4:93-cv-06-HLM.

845 F.Supp. 880 (1993)

James EARWOOD and Gail Earwood, Plaintiffs, v. NORFOLK SOUTHERN RAILWAY COMPANY, Rojerio Garcia, and Koch Services, Inc., Defendants, Rojerio GARCIA and Koch Services, Inc., Cross-claimants, v. NORFOLK SOUTHERN RAILWAY COMPANY, Cross-defendants.

United States District Court, N.D. Georgia, Rome Division.

Order on Reconsideration December 6, 1993.

Attorney(s) appearing for the Case

Michael J. Warshauer, Burge & Wettermark, Atlanta, GA, for plaintiffs.

Lemuel Hugh Kemp, Bruce Alan Kling, Kinney Kemp Pickell Sponcler & Joiner, Dalton, GA, for Norfolk Southern Ry. Co.

Wade K. Copeland, Webb Carlock Copeland Semler & Stair, Atlanta, GA, Jan Laurence Sadick, Office of J.L. Sadick, Houston, TX, for Rojerio Garcia, Insurance Co. of North America, Koch Services, Inc.

ORDER

HAROLD L. MURPHY, District Judge.

This case is before the Court on Defendant/Cross-defendant Norfolk Southern Railway Company's Motion for Partial Summary Judgment and Motion in Limine to Exclude or Motion to Strike.

BACKGROUND

Plaintiff James Earwood was the conductor on Defendant Norfolk Southern Railway Company's train on January 9, 1991; and was working at his assigned work station, inside the crew cabin of the diesel electric...

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