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C.R. ENGLAND v. ATCHISON, TOPEKA & SANTA FE RY. CO.

Civil No. 3:95-CV-3199-H.

924 F.Supp. 757 (1996)

C.R. ENGLAND AND SONS, INC., Plaintiff, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY CO., Defendant.

United States District Court, N.D. Texas, Dallas Division.

April 24, 1996.

Attorney(s) appearing for the Case

Michael S. Scudder, Strasburger & Price, Dallas, TX, for Plaintiff.

Michael B. Hughes and Joseph Blizzard, McLeod, Alexander Powell & Apffel, Galveston, TX, for Defendant.

ORDER

SANDERS, District Judge.

Before the Court are Defendant's Motion for Summary Judgment, filed March 11, 1996; Plaintiff's Response, filed March 26, 1996; and Defendant's Reply, filed April 15, 1996. Also before the Court is Plaintiff's Objections to the Affidavit of A.D. Powell ("Powell").1

I. BACKGROUND

The material facts in this case are not in dispute. On May 19, 1994, Plaintiff C.R. England and...

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