Brown & Williamson Tobacco Corp. v. CSX Transportation, Inc.

ORDER

MALCOLM J. HOWARD, District Judge.

This matter comes before the court on the defendant’s motion, filed February 15, 1995, for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure alleging there is no genuine issue of material fact. The plaintiff filed its response in opposition to the motion for summary judgment on March 7, 1995. The defendant did not file a reply. This matter is ready for adjudication.

Statement of the Facts

The above-captioned action arises as a result of a fire that occurred on August 17, 1992, at the Hail and Cotton tobacco warehouse in Rocky…