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HARTEL v. LONG ISLAND RAIL ROAD COMPANY

No. 104, Docket 72-1452.

476 F.2d 462 (1973)

Audrey S. HARTEL, Plaintiff-Appellant, v. The LONG ISLAND RAIL ROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 28, 1973.

Attorney(s) appearing for the Case

Arnold B. Elkind, New York City, for plaintiff-appellant.

George M. Onken, Jamaica, N. Y. (Jay E. Gerber, and Paul C. Saunders, New York City, of counsel), for defendant-appellee.

Before MOORE, HAYS and MULLIGAN, Circuit Judges.

MOORE, Circuit Judge:

Some time between 6:30 and 7:00 A. M. on Sunday, February 18, 1968, John Hartel, a ticket agent for the Long Island Rail Road Company (LIRR) arrived at the Mineola, Long Island, railroad station to open the ticket office. He entered the waiting room to open the steel shutter covering the ticket window. While so doing, one of three men with a gun stepped up behind him and announced a hold-up. When Hartel attempted

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