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HARBOT v. PENNSYLVANIA R. CO.

No. 975.

44 F.Supp. 319 (1942)

HARBOT v. PENNSYLVANIA R. CO.

District Court, W. D. New York.

April 6, 1942.

Attorney(s) appearing for the Case

G. Sydney Shane, of Salamanca, N. Y., and Richard Dawson, of Olean, N. Y., for plaintiff.

Harold J. Adams, of Buffalo, N. Y. (Percy R. Smith, of Buffalo, N. Y., of counsel), for defendant.

KNIGHT, District Judge.

The defendant has moved to dismiss the third cause of action upon the ground that it fails to state a claim against the defendant upon which relief can be granted, and also for a bill of particulars with respect to the allegations in the first and second causes of action.

The third cause of action sets up injuries sustained through negligence of the defendant and also alleges that in consideration of plaintiff's refraining from bringing...

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