ORDER AND REASONS
SARAH S. VANCE, District Judge.
This matter is before the Court on remand from the Fifth Circuit. In a November 2, 2008, mandate, a three-judge panel of the Fifth Circuit vacated this Court's judgment in favor of plaintiff Leroy Johnson and remanded with instructions for the Court to reevaluate its findings as to Johnson's contributory negligence. Having reviewed the mandate and the record, the Court now rules as follows.
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