National Railroad Passenger Corp. v. H & P, Inc.

OPINION

VARNER, District Judge.

This cause is now before the Court on Plaintiffs Motion for Summary Judgment filed herein on August 5, 1996, along with supporting briefs and materials; and on Defendants’ opposition thereto filed herein on August 22,1996, along with supporting briefs and materials; and on Plaintiffs Motion to Strike and Objection to the Affidavit of Tony Ray Frazier filed herein on August 30, 1996; and on Defendants’ opposition thereto filed herein on September 19,1996.

Before proceeding with a discussion of the undisputed facts, the Court must first determine the Plaintiffs…