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WAYMIRE v. NORFOLK AND WESTERN RY. CO.

No. IP97-1914-C-T/G.

65 F.Supp.2d 951 (1999)

Joseph J. WAYMIRE and Linda Waymire, his wife, Plaintiffs, v. NORFOLK AND WESTERN RAILWAY COMPANY, a corporation, and Hogan Motor Leasing, Inc., a corporation, and Hogan Transport, Inc., a corporation, and Jay Werner Bussler, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

June 16, 1999.

Attorney(s) appearing for the Case

Robert B. Thompson, Harrington Thompson Acker Harrington, Chicago, IL, Douglas J. Webber, The Law Office of Doug Webber, Indianapolis, IN, for Plaintiffs.

John C. Duffey, Geoffrey L. Blazi, Russell H. Hart, Stuart & Branigin, Lafayette, IN, Brian J. Stephenson, Aronson & Cross, Chicago, IL, for Defendants.

Entry on Defendant Norfolk and Western's Motion for Summary Judgment

TINDER, District Judge.

The Plaintiffs, Joseph J. Waymire and Linda Waymire, brought this action following a collision between an automobile and a train on which Joseph was the conductor. Defendant Norfolk and Western Railway Company ("NW") moves for summary judgment in its favor. The Waymires oppose the motion. The court rules as follows.

I. Background

A train/motor vehicle...

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