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DIMENCO v. PENNSYLVANIA RAILROAD COMPANY

Civ. A. No. 1600.

126 F.Supp. 417 (1954)

Gerald James DIMENCO, a minor, by Vincenzo Dimenco, his next friend, and Vincenzo Dimenco, Plaintiffs, v. The PENNSYLVANIA RAILROAD COMPANY, a corporation of the State of Pennsylvania, Defendant.

United States District Court, D. Delaware.

October 28, 1954.

Attorney(s) appearing for the Case

Albert L. Simon and Stephen E. Hamilton, Jr., Wilmington, Del., for plaintiffs.

John P. Sinclair (of Berl, Potter & Anderson), Wilmington, Del., for defendant.

LEAHY, Chief Judge.

This is an action by a minor plaintiff to recover damages against defendant railroad for injuries received when plaintiff, while riding a bicycle, was struck by defendant's locomotive at a railroad crossing in New Castle, Delaware.

Defendant has moved under F.R. 12 (f), 28 U.S.C., to strike certain allegations of the complaint. Specifically, defendant's motion is directed to that portion of paragraph 9 alleging defendant's failure to maintain...

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