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REED v. NORFOLK SOUTHERN RY. CO.

No. 3:03 CV 7094.

312 F.Supp.2d 924 (2004)

Shiloh E. REED, Plaintiff, v. NORFOLK SOUTHERN RAILWAY CO., Defendant.

United States District Court, N.D. Ohio, Western Division.

April 9, 2004.

Attorney(s) appearing for the Case

Charles V. Contrada, Sylvania, OH, Eric D. Holland, Gerard B. Schneller, Holland, Groves & Schneller, St. Louis, MO, Russell W. Jones, Sylvania, OH, for Plaintiff.

Thomas J. Antonini, Robison, Curphey & O'Connell, Toledo, OH, for Defendant.

MEMORANDUM OPINION

KATZ, District Judge.

Pending before the Court is Defendant's motion for partial summary judgment (Doc. No. 21) as to which Plaintiff has filed a response (Doc. No. 22) and Defendant has filed a reply (Doc. No. 25). For the reasons stated below, Defendant's motion will be granted in part and denied in part.

BACKGROUND

While working as a locomotive engineer for Defendant Norfolk Southern Railway Company ...

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