OPINION
McCUSKEY, Chief Judge.
This case is before the court for ruling on the Motion for Summary Judgment (# 25) filed by Plaintiff, St. Paul Fire & Marine Insurance Company (St.Paul) and the Cross Motion for Summary Judgment (# 29) filed by Defendant CSX Transportation, Inc. (CSX). Following this court's careful consideration of the arguments of the parties and the documents provided by the parties, this court agrees with St. Paul that the insurance...
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