PACILIO v. PENNSYLVANIA RAILROAD COMPANY


230 F.Supp. 752 (1964)

Salvatore J. PACILIO, Plaintiff, v. The PENNSYLVANIA RAILROAD COMPANY, Defendant.

United States District Court S. D. New York.

June 17, 1964.


Attorney(s) appearing for the Case

Leo Gitlin, New York City, for plaintiff.

Conboy, Hewitt, O'Brien & Boardman, New York City, for defendant; R. L. Duff, New York City, of counsel.


METZNER, District Judge.

Defendant moves for summary judgment in this action for unlawful discharge brought by a former employee.

The complaint alleges that the plaintiff was employed by the defendant as a coach cleaner, that he was injured during the course of his employment, and that he instituted an action to recover damages for his injuries which was settled for $40,000. Thereafter plaintiff's physician found him fit to perform the duties previously assigned...

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