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  5. 876 F.Supp. 1528 (1995)
 

MARSCHAND v. NORFOLK AND WESTERN RY. CO.

Nos. 1:93-CV-134, 1:94-CV-120.

876 F.Supp. 1528 (1995)

David L. MARSCHAND, Plaintiff, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant. David L. MARSCHAND, Plaintiff, v. NORFOLK AND WESTERN RAILWAY COMPANY, and Norfolk Southern Company, Defendant.

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

February 10, 1995.

Attorney(s) appearing for the Case

John C. Theisen & Thomas N. O'Malley, Gallucci, Hopkins, & Theisen, P.C., Fort Wayne, IN, for plaintiffs.

John C. Duffy, Geoffrey L. Blazi & Russel H. Hart, Stuart & Branigan, Lafayette, IN, for defendants Norfolk and Western Railway and Norfolk Southern Corp.

MEMORANDUM OF DECISION AND ORDER

COSBEY, United States Magistrate Judge.

I. INTRODUCTION

The Plaintiff, David L. Marschand ("Marschand"), has two lawsuits pending before this Court. On May 19, 1993, Marschand filed a claim against the Defendant, Norfolk and Western ("NW") under the Federal Employers' Liability Act, ("FELA"), 45 U.S.C. § 51 et seq. On April 28, 1994, Marschand filed a claim against NW and Norfolk Southern Corporation...

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