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NYE v. CSX TRANSP., INC.

No. 1:02 CV 1528.

300 F.Supp.2d 529 (2004)

Joshua A. NYE, et al. Plaintiffs v. CSX TRANSPORTATION, INC., et al. Defendants

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

January 22, 2004.

Attorney(s) appearing for the Case

James M. Drozdowski, Esq., Pasquale DiMassa, Jr., Esq., Robert J. Fogarty, Esq., Andrew S. Pollis, Esq., Hahn, Loeser & Parks, Cleveland, Robert B. Blackwell, Esq., Blackwell Law Offices, Findlay, for Plaintiffs.

James R. Carnes, Esq., Robert M. Anspach, Esq., Anspach, Meeks & Nunn, L.L.P., Toledo, for Defendants.

MEMORANDUM OF OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND CONSTRUING DEFENDANTS' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AS A MOTION FOR PARTIAL SUMMARY JUDGMENT ON ITS AFFIRMATIVE DEFENSE OF PRE-EMPTION AND GRANTING THAT MOTION IN PART AND DENYING IT IN PART

WELLS, District Judge.

Plaintiff Joshua Nye suffered devastating injuries when the car he was driving in collided...

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