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BURNS v. PENN CENTRAL COMPANY

No. 558, Docket 74-2294.

519 F.2d 512 (1975)

Teresa M. BURNS, an Administratrix of the Goods, Chattels and Credits of George Vincent Burns, Plaintiff-Appellant, v. PENN CENTRAL COMPANY, n/k/a Penn Central Transportation Company, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 1, 1975.

Attorney(s) appearing for the Case

Arnold B. Elkind, New York City, (Elkind, Lampson & Sable, New York City), for plaintiff-appellant.

Robert M. Peet, New York City, for defendant-appellee.

Before SMITH and TIMBERS, and WEINSTEIN,

J. JOSEPH SMITH, Circuit Judge:

Teresa M. Burns, widow of George V. Burns and administratrix of her deceased husband's estate, appeals from the judgment of the United States District Court for the Southern District of New York, Whitman Knapp, Judge, dismissing her action for the wrongful death of her husband during the performance of his duties as a trainman for the Penn Central Company. This suit authorized by the Federal Employers' Liability Act, 45...

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