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RODZIK v. NEW YORK CENTRAL RAILROAD COMPANY

Civ. A. No. 17825.

169 F.Supp. 803 (1959)

Bernice RODZIK, Administratrix of Mike Rodzik, Deceased, Plaintiff, v. NEW YORK CENTRAL RAILROAD COMPANY, a foreign corporation, Defendant.

United States District Court E. D. Michigan, S. D.

January 15, 1959.

Attorney(s) appearing for the Case

C. Michael Kimber, Okrent, Baun & Dobreff, Detroit, Mich., for plaintiff.

William A. Alfs, Edward M. Miller, Detroit, Mich., for defendant.

LEVIN, District Judge.

I have the defendant's motion to strike Paragraph VII and part of Paragraph VIII of plaintiff's complaint, filed pursuant to the Federal Employers' Liability Act, 45 U.S.C.A. § 51.1

The motion to strike Paragraph VII is based on the ground that a cause of action for damages arising out of the injury to the deceased, Mike Rodzik, was not timely instituted...

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