Spade v. Chesapeake & Ohio Railway Co.

NORTHROP, Chief Judge.

This case is here on defendant’s motion pursuant to Rules 52 and 59 for an amendment of findings and judgment and Rule 60 for relief from judgment. Argument was heard on both plaintiff’s and defendant’s motions for summary *1080judgment on September 3, 1970, with a decision filed, granting plaintiffs motion on September 28, 1970. Pursuant to timely motions, this case was set in and reargued on February 3, 1971. For reasons set out more fully below, this court vacates and reverses its earlier decision and grants defendant’s motion for summary judgment.

As an initial…