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BATCHKOWSKY v. PENN CENT. CO.

No. 91, Docket 75-7204.

525 F.2d 1121 (1975)

Mike J. BATCHKOWSKY, Plaintiff-Appellee, v. PENN CENTRAL COMPANY a/k/a Penn Central Transportation Company, Defendant and Third-Party Plaintiff-Appellee, v. ANHEUSER-BUSCH, INC., Third-Party Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 14, 1975.

Attorney(s) appearing for the Case

William K. Tormey, New York City (Bigham, Englar, Jones & Houston, New York City, of counsel), for Anheuser-Busch, Inc.

Albert A. Juron, New York City (Juron & Minzner, New York City, of counsel), for Batchkowsky.

Robert M. Peet, New York City, for Penn Central Co.

Before LUMBARD, MANSFIELD and TIMBERS, Circuit Judges.

MANSFIELD, Circuit Judge:

Plaintiff, Mike Batchkowsky, formerly employed as a brakeman by Penn Central Company ("Penn Central"), brought this action against it under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq., for personal injuries sustained as a result of an accident in the course of his employment, which occurred on a railroad siding on premises of third party defendant Anheuser-Busch, Inc. ("Busch"), allegedly because of the railroad...

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