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BYRNE v. CSX TRANSPORTATION, INC.

Case No. 3:09 CV 919.

CHARLES JOHN BYRNE, Plaintiff, v. CSX TRANSPORTATION, INC., et al., Defendant.

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

July 14, 2014.

Attorney(s) appearing for the Case

Charles John Byrne, Plaintiff, represented by Brian W. Palmer , Lawrence Landskroner & Robert D. Erney , Law Office of Robert D. Erney.

Cody Byrne, Plaintiff, represented by Brian W. Palmer , Lawrence Landskroner & Robert D. Erney , Law Office of Robert D. Erney.

Aetna, Health Insurer, Plaintiff, represented by Alexander M. Andrews , Ulmer & Berne, Alyson A. Terrell , Ulmer & Berne, Christine E. Watchorn , Ulmer & Berne & Jennifer J. Hageman , Ulmer & Berne.

CSX Transportation, Inc., Defendant, represented by James R. Carnes , Shumaker, Loop & Kendrick & Rebecca E. Shope , Shumaker, Loop & Kendrick.

Gerald R. Horn, Defendant, represented by James R. Carnes , Shumaker, Loop & Kendrick & Rebecca E. Shope , Shumaker, Loop & Kendrick.

Alphonse Ducre, III, Defendant, represented by James R. Carnes , Shumaker, Loop & Kendrick & Rebecca E. Shope , Shumaker, Loop & Kendrick.

Aetna, Health Insurer, Cross-Claimant, represented by Alexander M. Andrews , Ulmer & Berne, Alyson A. Terrell , Ulmer & Berne & Jennifer J. Hageman , Ulmer & Berne.

CSX Transportation, Inc., Cross Defendant, represented by James R. Carnes , Shumaker, Loop & Kendrick & Rebecca E. Shope , Shumaker, Loop & Kendrick.

Alphonse Ducre, III, Cross Defendant, represented by James R. Carnes , Shumaker, Loop & Kendrick & Rebecca E. Shope , Shumaker, Loop & Kendrick.

Gerald R. Horn, Cross Defendant, represented by James R. Carnes , Shumaker, Loop & Kendrick & Rebecca E. Shope , Shumaker, Loop & Kendrick.

MEMORANDUM, OPINION

DAVID A. KATZ, District Judge.

Defendants CSX Transportation, Inc., Gerald Horn, and Alphonse Ducre, III, have renewed their motion for summary judgment, filed pursuant to Federal Rule of Civil Procedure 56(a). (Doc. No. 185). The Plaintiffs, Charles Byrne and Cody Byrne have filed a response (Doc. No. 193), and the Defendants have filed a reply. (Doc. No. 195).

I. Facts

The undisputed facts establish...

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