GAUS v. NORFOLK SOUTHERN RAILWAY COMPANY

Filing 43

MEMORANDUM OPINION granting in part and denying in part 23 Defendant's Motion for Summary Judgment. As set forth more fully within, the court finds that material issues of fact do not exist with respect to the conduct or events occurring prio r to January 1, 2009, therefore, the court will GRANT defendant's motion for summary judgment as to that portion of plaintiff's claim. The court, however, finds that material issues of fact exist about the events occurring on or after Janu ary 1, 2009, thereby precluding summary judgment for conduct or events thereafter. Defendant's motion for summary judgment is DENIED with respect to that portion of plaintiff's claim. Signed by Judge Joy Flowers Conti on 9/28/2011. (cal )

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