Hare v. Federal Compress and Warehouse Company

■ MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

This action is before the court on separate motions for summary judgment filed by defendants Federal Compress and Warehouse Company (Federal) and Russell Ozanne, Jr. (Ozanne). The motions have been submitted to the court for decision on briefs without oral argument.

The court has considered the affidavits and depositions on file, as well as memoranda of the parties and the entire record. The facts giving rise to the action are without substantial dispute.

The action is one for damages proximately resulting from the alleged wrongful death of…