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HATTEN v. CONSOLIDATED RAIL CORP.

No. 1:93-CV-748.

860 F.Supp. 1252 (1994)

Linda HATTEN, Next Friend of Mid Wilbur Hatten, a Legally Incapacitated Person, Plaintiff, v. CONSOLIDATED RAIL CORPORATION, a Pennsylvania corporation, and Conrail, Defendants/Third-Party Plaintiffs, v. Harold W. COSBY and Ellen L. Cosby d/b/a Watson Corners Stop-N-Shop, Third-Party Defendants.

United States District Court, W.D. Michigan, Southern Division.

August 4, 1994.

Attorney(s) appearing for the Case

William L. Benefiel, Benefiel, Farrer & Glista, Kalamazoo, MI, for Linda Hatten, Mid Wilbur Hatten.

Thomas Raymond Paxton, Lewis, White & Clay P.C., Detroit, MI, for Consolidated Rail Corp., Conrail.

Gary L. Stec, Harvey, Kruse, Westen & Milan, P.C., Grand Rapids, MI, for Harold W. Cosby, Ellen L. Cosby.

OPINION

QUIST, District Judge.

On December 12, 1992, Mid Wilbur Hattan was injured when he lost control of his pickup truck. Linda Hattan, Next Friend of Mid Wilbur Hattan, filed this action against defendant Consolidated Rail Corporation and Conrail (Conrail) seeking damages for Hattan's injuries. The complaint alleges that Conrail negligently placed, designed and maintained its railroad tracks thereby causing Hattan's injuries. Conrail filed a third...

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