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EAGAN v. CSX TRANSP., INC.

No. CIV. 01-40096.

271 F.Supp.2d 993 (2003)

Larry EAGAN, Plaintiff, v. CSX TRANSPORTATION, INC., Defendant.

United States District Court, E.D. Michigan, Southern Division.

July 14, 2003.

Attorney(s) appearing for the Case

Steven L. Kantor, Williamsville, NY, David J. Nickola, Flint, MI, for plaintiff.

Arthur T. Lippert, Jr., Lippert & Humphreys, Saginaw, MI, for defendant.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR MISTRIAL

GADOLA, District Judge.

Before the Court is Defendant's motion for mistrial. For the reasons set forth below, the Court shall grant Defendant's motion and order a new trial in this matter.

I. BACKGROUND

Plaintiff, a former employee of Defendant CSX Transportation, Inc., brought this action pursuant to the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §...

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