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EICHELBERG v. NATIONAL R.R. PASSENGER CORP.

No. 683, Docket 94-7598.

57 F.3d 1179 (1995)

Marvin EICHELBERG, Plaintiff-Appellant, v. NATIONAL RAILROAD PASSENGER CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 22, 1995.

Attorney(s) appearing for the Case

David M. Reilly, Jr., New Haven, CT (Thomas F. Brown, New Haven, CT, on the brief), for appellant Marvin Eichelberg.

William G. Ballaine, New York City (Lisa S. Rabinowitz, Siff Rosen, P.C., New York City, on the brief), for appellee National R.R. Passenger Corp.

Before: WALKER, JACOBS and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

Plaintiff-appellant Marvin Eichelberg was fishing from a railroad trestle at Beebe Cove, Connecticut, when a train run by defendant-appellee National Railroad Passenger Corp. ("Amtrak"), apparently determined to put the trestle to its intended use, approached from the south. Eichelberg did not reach safety, the train struck him, and he was severely injured. Eichelberg's claim for damages was brought before the United States District Court...

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