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CSX TRANSP. INC. v. PKV LTD. PARTNERSHIP

Civ. A. No. 2:94-0647.

906 F.Supp. 339 (1995)

CSX TRANSPORTATION INC., Plaintiff, v. PKV LIMITED PARTNERSHIP, et al., Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

November 16, 1995.

Attorney(s) appearing for the Case

Andrew S. Zettle, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, WV, for plaintiff CSX Transportation, Inc., a corporation.

Donald B. O'Dell, Lamp, O'Dell, Bartram & Entsminger, Huntington, WV, for defendants PKV Limited Partnership, a limited partnership, KV Oil & Gas, Inc., a corporation.

B. Karleton Kesner, Daniel W. Greear, Meyer, Darragh, Buckler, Bebenek & Eck, Charleston, WV, for defendants D & D Contractors, a partnership, Darrell Thaxton, Darrell Carpenter, dba D & D Contractors.

R. Ford Francis, Charleston, WV, for defendant Kermit R. Tyree, individually and dba Kermit Tyree Contracting.

John D. Hoffman, John F. McCuskey, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Charleston, WV, for defendant Charles L. Price dba C.L. Price Dozer Service.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are motions by PKV and KV to dismiss cross-claims, or alternatively, to sever them for separate trials and cross-claims by all parties for summary judgment. All issues have been briefed exhaustively and are ripe for decision. For reasons that follow, the motions to dismiss the cross-claims will be GRANTED and the motions for summary judgment will be DENIED.

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