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ALLEN v. CLINCHFIELD RAILROAD COMPANY

Civ. A. No. 2359.

325 F.Supp. 1305 (1971)

Carolyn ALLEN, Plaintiff, v. CLINCHFIELD RAILROAD COMPANY, Defendant.

United States District Court, E. D. Tennessee, Northeastern Division.

April 2, 1971.

Attorney(s) appearing for the Case

John R. Jones, Erwin, Tenn., for plaintiff.

Dennis Erwin, Tucker & Erwin, Erwin, Tenn., for defendant.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This action by a decedent's widow for his wrongful death was dismissed by the Court, on the ground that the complaint fails to state a claim upon which relief can be granted, Rule 12(b) (6), Federal Rules of Civil Procedure, in that a wrongful death action under the Federal Employers' Liability Act, 45 U.S.C. § 51, et seq., accrues only to the personal representative of the decedent-employee, for the...

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