MEMORANDUM OPINION
BRIAN BARNETT DUFF, District Judge.
Litigation began between these two parties in 1991 when the plaintiff, Allan Stevo ("Stevo"), filed a claim in state court under the Federal Employer's Liability Act, 45 U.S.C. §§ 51-60 ("FELA"), which alleged that CSX Transportation's negligence caused his back injury.
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