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THIELE v. NORFOLK AND WESTERN RY. CO.

Civ. No. 1:94cv60.

873 F.Supp. 1240 (1994)

Linda THIELE, Guardian of the Person and Estate of Craig Thiele, an Incompetent, Plaintiff, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant.

United States District Court, N.D. Indiana, Fort Wayne Division.

As Amended December 20, 1994.

Attorney(s) appearing for the Case

G. Stanley Hood, Roby and Hood, Fort Wayne, IN, Robert A. Clifford, Robert A. Clifford & Associates, J. Matthew Dudley, Corboy Demetrio Clifford, P.C., Chicago, IL, for plaintiff.

John C. Duffey, Russell H. Hart, Stuart and Branigin, Lafayette, IN, for defendant.

ORDER

WILLIAM C. LEE, District Judge:

This matter is before the court on a motion for summary judgment filed by the defendant, Norfolk and Western Railway Company ("N & W"), on August 22, 1994. The parties completed briefing the motion on December 1, 1994. For the following reasons, summary judgment will be granted.

Summary Judgment

Summary judgment is proper "if the pleadings, depositions, answers to interrogatories,...

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