Koger v. Norfolk Southern Railway Company, No. 1:2008cv00909 - Document 144 (S.D.W. Va. 2009)
Court Description: MEMORANDUM OPINION AND ORDER denying 82 Plaintiff's MOTION in Limine to bar any evidence, interrogation, argument, etc. regarding plaintiff's alleged failure to mitigate his damages. Signed by Senior Judge David A. Faber on 11/12/2009. (cc: counsel of record) (arb)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD LARRY L. KOGER, Plaintiff, v. CIVIL ACTION NO. 1:08-0909 NORFOLK SOUTHERN RAILWAY COMPANY, Defendant. MEMORANDUM OPINION AND ORDER Pending before the court is plaintiff s motion in limine to bar any evidence, interrogation, argument, etc. regarding plaintiff s alleged failure to mitigate his damages. 82). (Doc. # Plaintiff contends that defendant failed to plead failure to mitigate as an affirmative defense. As the court informed the parties at the pretrial conference, that motion is DENIED as defendant did plead failure to mitigate as an affirmative defense. The Clerk is directed to send copies of this Memorandum Opinion and Order to all counsel of record. IT IS SO ORDERED this 12th day of November, 2009. ENTER: David A. Faber Senior United States District Judge
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