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STEWART v. CENTRAL OF GEORGIA R. CO.

No. CV199-002.

87 F.Supp.2d 1333 (2000)

Marvin STEWART and Mattie Stewart, Plaintiffs, v. CENTRAL OF GEORGIA RAILROAD COMPANY and Sloan Valve Company, Defendants. Sloan Valve Company, Third-Party Plaintiff, v. Consolidated Rail Corporation, Third-Party Defendant.

United States District Court, S.D. Georgia, Augusta Division.

March 3, 2000.

Attorney(s) appearing for the Case

Michael J. Warshauer, Lyle G. Woodruff, Bradford W. Thomas, Warshauer, Woodruff & Thomas, Atlanta, GA, for plaintiffs Marvin Stewart and Mattie Stewart.

George R. Hall, Tara Rice Simkins, Hull, Towill, Norman, Barrett & Salley, P.C., Augusta, GA, for defendant Central of Georgia Railroad Company.

Alan F. Herman, Panton Patrick Pou, Hawkins & Parnell, L.L.P., Atlanta, GA, for defendant Sloan Valve Company.

James E. Gilson, Robert E. Casey, Jr., Casey, Gilson & Williams, P.C., Atlanta, GA, for third-party defendant Consolidated Rail Corporation.

ORDER

BOWEN, Chief Judge.

Before the Court in the captioned case is each Defendant's separate Motion for Summary Judgment. A hearing on these motions was conducted on January 13, 2000. For the reasons given below, each Defendant's Motion for Summary Judgment is GRANTED.

I. Background

The facts are not in dispute. This suit arises from a tragic railroad accident. Plaintiff Marvin Stewart ("the engineer") is an engineer employed...

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