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CSX TRANSP. v. MASSACHUSETTS BAY TRANSP. AUTHORITY

Civil Action No. 06-40211-FDS.

697 F.Supp.2d 213 (2010)

CSX TRANSPORTATION, INC., Plaintiff, v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, Defendant.

United States District Court, D. Massachusetts.

March 23, 2010.

Attorney(s) appearing for the Case

William J. Dailey, Jr., Harry A. Pierce, Sloane & Walsh, LLP, Jonathan P. Feltner, MBTA Law Department, Boston, MA, for Defendant.

Michael B. Flynn, Peter B. Handibode, Flynn & Wirkus, PC, Quincy, MA, for Plaintiff.

MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

SAYLOR, Judge.

This is a declaratory judgment action arising out of an indemnification agreement between plaintiff CSX Transportation, Inc., and defendant Massachusetts Bay Transportation Authority ("MBTA"). Jurisdiction is based on diversity of citizenship.

The underlying claim arises out of a tragic accident at the Wellesley Farms, Massachusetts, commuter rail station in December...

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