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CSX TRANSP., INC. v. EXXON/MOBIL OIL CORP.

No. 3:04 CV 7308.

401 F.Supp.2d 813 (2005)

CSX TRANSPORTATION, INC., Plaintiff v. EXXON/MOBIL OIL CORP., Defendant

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

November 22, 2005.

Attorney(s) appearing for the Case

Garrick O. White, Anspach Meeks Ellenberger, Richard F. Ellenberger, Anspach Meeks Ellenberger, Nathan R. Boyd, Anspach Meeks Ellenberger, Toledo, OH, for CSX Transportation, Inc., Plaintiff.

Denise M. Hasbrook, Roetzel & Andress, Toledo, Todd A. Harpst, Roetzel & Andress, Akron, OH, for Exxon/Mobil Oil Corporation, Defendant.

ORDER

CARR, Chief Judge.

This is a suit for negligence and indemnity. Diversity jurisdiction exists pursuant to 28 U.S.C. § 1332(a)(1).

The plaintiff CSX Transportation, Inc. (CSX) is a railroad. The defendant Exxon/Mobil Oil Corp. (Exxon) shipped a tank car from its facility in Baytown, Texas. The morning after the car arrived at the CSX Stanley Yard in Walbridge, Ohio, its contents, automatic...

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