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SMITH v. ABERDEEN, CAROLINA AND WESTERN RY. CO.

No. 3:93-CV-34P.

859 F.Supp. 188 (1994)

Gordon Ray SMITH, Plaintiff, v. ABERDEEN, CAROLINA AND WESTERN RAILWAY COMPANY, Defendant.

United States District Court, W.D. North Carolina, Charlotte Division.

June 15, 1994.

Attorney(s) appearing for the Case

Harvey L. Cosper, Jr., Golding, Meekins, Holden, Cosper & Stiles, Charlotte, NC, C. Michael Hardman, Jones & Garnger, Atlanta, GA, for plaintiff.

Frank J. Gordon, Maupin, Taylor, Ellis & Adams, John C. Millberg, Millberg & Gordon, Raleigh, NC, Lee A. Spinks, Poyner & Spruill, Charlotte, NC, for defendant.

MEMORANDUM OF DECISION

ROBERT D. POTTER, Senior District Judge.

THIS MATTER is before the Court on Defendant's motion for partial summary judgment, filed April 1, 1994. Plaintiff responded to the motion in a brief filed May 6, 1994. Defendant replied in a brief filed May 23, 1994.

The Court has carefully reviewed the instant motions, the briefs, exhibits and relevant legal authorities. Based upon this review, the Court believes...

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