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MARTIN v. CSX TRANSP., INC.

Case No. 3:06 CV 2915.

617 F.Supp.2d 662 (2009)

Audra S. MARTIN, Plaintiff, v. CSX TRANSPORTATION, INC., et al., Defendant.

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

May 27, 2009.

Attorney(s) appearing for the Case

Robert S. Yallech, Reminger & Reminger, Youngstown, OH, for American Power Conversion Corp.

John V. Rasmussen, Cleveland, OH, for B&B Battery (U.S.A.), Inc.

MEMORANDUM OPINION

KATZ, District Judge.

This matter is before the Court on Third-party Defendants' American Power Conversion Corp. ("APCC") and B&B Battery (USA), Inc.'s ("B & B") motions for judgment on the pleadings (Doc. 102, 103), Defendant and Third-party Plaintiff CSX Transportation, Inc.'s ("CSX") response (Doc. 104), APCC's reply (Doc. 106), and CSX's sur-reply (Doc. 108). Additionally, APCC has filed a motion to strike the affidavit...

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