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DRIESEN v. IOWA, CHICAGO & EASTERN R.R. CORP.

No. 08-CV-4109-DEO.

777 F.Supp.2d 1143 (2011)

David DRIESEN; Denise Driesen, Plaintiffs, v. IOWA, CHICAGO & EASTERN RAILROAD CORPORATION, Defendant.

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

February 15, 2011.

Attorney(s) appearing for the Case

Jeff W. Wright, Heidman Law Firm, LLC, Sioux City, IA, Ryan L. Woody, Matthiesen, Wickert & Lehrer, SC, Hartford, WI, for Plaintiffs.

Brian J. Donahoe, Onna B. Houck, Cutler & Donahoe, LLP, Sioux Falls, SD, for Defendant.

MEMORANDUM OPINION AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

DONALD E. O'BRIEN, Senior District Judge.

I. INTRODUCTION

This matter is before the Court on Defendant Iowa, Chicago & Eastern Railroad Corporation's (hereinafter "Defendant" or "IC & E") motion for summary judgment.

II. FACTS

The record in this case, when viewed in the light most favorable to the non-moving party, Plaintiffs David and Denise Driesen...

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