WIEDERHOLD v. ELGIN, JOLIET AND EASTERN RAILWAY CO.

Civ. No. 73 H 166(2).

368 F.Supp. 1054 (1974)

Robert WIEDERHOLD, Plaintiff, v. ELGIN, JOLIET AND EASTERN RAILWAY COMPANY, Defendant.

United States District Court, N. D. Indiana, Hammond Division.

January 9, 1974.


Attorney(s) appearing for the Case

Justin Waitkus and John A. Hovanec, Gary, Ind., for plaintiff.

Paul Noland, Chicago, Ill., Charles A. Myers, Hammond, Ind., for defendant.


MEMORANDUM OF DECISION AND ORDER

ESCHBACH, District Judge.

This action is before the court on defendant's motion to dismiss for failure to state a claim upon which relief can be granted. Defendant alleges that plaintiff has signed a release discharging it from all liability. Since matters outside the pleadings have been presented to and accepted by the court, defendant's motion will be treated as one for summary judgment under Rule 56, Fed. R.Civ.P., as...

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