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RENCHER v. THE KANSAS CITY SOUTHERN RAILWAY COMPANY

Cause No. 1:10CV180-SA-DAS.

MILTON H. RENCHER, Plaintiff, v. THE KANSAS CITY SOUTHERN RAILWAY COMPANY, ET AL. Defendants/Third Party Plaintiffs, v. KIMBERLY-CLARK CORPORATION, Third-Party Defendant.

United States District Court, N.D. Mississippi, Eastern Division.

May 25, 2012.

Attorney(s) appearing for the Case

Milton H. Rencher, Plaintiff, represented by Brandon S. Leslie, SHELTON & ASSOCIATES, PA & Amanda Todd Daniels, SHELTON & ASSOCIATES, PA.

The Kansas City Southern Railway Company, Defendant, represented by Charles E. Ross, WISE, CARTER, CHILD & CARAWAY & Dennis Jason Childress, WISE, CARTER, CHILD & CARAWAY — Jackson.

Gerald Wood, Defendant, represented by Charles E. Ross, WISE, CARTER, CHILD & CARAWAY, Dennis Jason Childress, WISE, CARTER, CHILD & CARAWAY — Jackson & Katherine Hall Allison, WISE, CARTER, CHILD & CARAWAY — Jackson.

The Kansas City Southern Railway Company, ThirdParty Plaintiff, represented by Charles E. Ross, WISE, CARTER, CHILD & CARAWAY & Dennis Jason Childress, WISE, CARTER, CHILD & CARAWAY — Jackson.

Kimberly-Clark Corporation, ThirdParty Defendant, represented by Ernest P. Gieger, Jr., GIEGER LABORDE & LAPEROUSE, LLC, Pro Hac Vice, John E.W. Baay, II, GIEGER LABORDE & LAPEROUSE, LLC & Michael E. Hill, GIEGER LABORDE & LAPEROUSE, LLC, Pro Hac Vice.

MEMORANDUM OPINION

SHARION AYCOCK, District Judge.

Third-Party Plaintiff The Kansas City Southern Railway Company (KCSR) has moved for summary judgment seeking a declaration that Third-Party Defendant Kimberly-Clark Corporation is contractually obligated to provide KCSR a legal defense of the original cause of action. Kimberly-Clark has likewise filed a motion seeking dismissal of KCSR's request for indemnity and defense [89]. As the...

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