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1:05-cv-02817-MBS Date Filed 04/09/08 Entry Number 1479 Page 1 of 2

AO450 - Judgment in a Civil Case

UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

AIKEN DIVISION

Avondale Mills, Inc. and
Factory Mutual Insurance Company

vs.

Norfolk Southern Corporation and
Norfolk Southern Railway Company

JUDGMENT IN A CIVIL CASE

Case Number: 1:05-2817-MBS

[X] Decision by Court. This action came to hearing before the Court, the Honorable Margaret
B. Seymour, United States District Judge, presiding. The Court having granted the
defendants’, Norfolk Southern Corporation and Norfolk Southern Railway Company,
motions for partial summary judgment,

IT IS ORDERED AND ADJUDGED that summary judgment is hereby entered for the

defendants, Norfolk Southern Corporation and Norfolk Southern Railway Company, as to the second

and third causes of action of the amended complaint for nuisance and trespass and they are

dismissed with prejudice.



IT IS FURTHER ORDERED AND ADJUDGED that summary judgment is hereby

entered for the defendants, Norfolk Southern Corporation and Norfolk Southern Railway Company,

on the negligent retention claimes, negligent training claims, and negligent supervision claims;

method of operation claims and remedial action claims; and the claims for workers’ compensation

payments as “consequential damages.” The plaintiffs shall take nothing on these claims and they

are dismissed with prejudice.

1:05-cv-02817-MBS Date Filed 04/09/08 Entry Number 1479 Page 2 of 2

April 9, 2008

LARRY W. PROPES, Clerk

By s/Mary E. Deal,
Deputy Clerk