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LUKOWSKI v. CSX TRANSP., INC.

Nos. 3:03 CV 7031, 3:03 CV 7032.

332 F.Supp.2d 1065 (2004)

James R. LUKOWSKI, et al., Plaintiff v. CSX TRANSPORTATION, INC., et al., Defendant

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

August 13, 2004.

Attorney(s) appearing for the Case

George T. Brugess, Hoey, Farina & Downes, James L. Farina, Hoey, Farina & Downes, James T. Foley, Hoey, Farina & Downes, Richard A. Haydu, Hoey, Farina & Downes, Robert J. Drummond, Hoey, Farina & Downes, Chicago, IL, for James R. Lukowski, Plaintiffs.

Garrick O. White, Anspach, Meeks & Nunn, Toledo, OH, Harold Abrahamson, Abrahamson Reed and Adley, Hammond, IN, James A. Bax, Brasher Law Firm, St. Louis, MO, Richard F. Ellenberger, Anspach, Meeks & Nunn, Mark J. Metusalem, Nationwide Mutual Insurance Company, Toledo, OH, R. Kent Rowe, Rowe and Rowe, South Bend, IN, for CSX Transportation, Inc., Estate of John D. Reese, Maura Gossard, As Administrator of the Estate of John D. Reese and Individually, Defendants.

ORDER

CARR, District Judge.

This is an FELA case in which the plaintiffs, crew members of a CSX Transportation train, seek to recover for injuries sustained in a fatal grade crossing accident. Plaintiffs' claims against the estate of the decedent, who drove a pickup truck and trailer into the train's path, and the estate's administrator have been dismissed on a motion for summary judgment filed by those defendants. Pending is a motion for summary judgment...

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