GLUS v. BROOKLYN EASTERN DISTRICT TERMINAL


154 F.Supp. 863 (1957)

Michael GLUS, Plaintiff, v. BROOKLYN EASTERN DISTRICT TERMINAL, Defendant.

United States District Court S. D. New York.

September 25, 1957.


Attorney(s) appearing for the Case

Seymour Schwartz, New York City, for plaintiff.

Thomas P. Curtin, St. Louis, Mo., for defendant.


FREDERICK van PELT BRYAN, District Judge.

This is an action under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., to recover damages for an industrial disease allegedly contracted by plaintiff in 1952 as a result of working under unsafe conditions while employed by the defendant.

Defendant now moves to dismiss the complaint under Rule 12(b) (6), Fed. Rules Civ.Proc., 28 U.S.C., on the ground that it appears from the face of the complaint...

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