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KAELIN v. LONG ISLAND R. CO.

No. 78 C 1640.

504 F.Supp. 656 (1980)

Robert J. KAELIN, Plaintiff, v. The LONG ISLAND RAILROAD COMPANY, Defendant.

United States District Court, E. D. New York.

December 31, 1980.

Attorney(s) appearing for the Case

Jonathan Sinnreich, New York City, for plaintiff.

Thomas M. Taranto, Jamaica, N. Y., for defendant Long Island R. Co.; Roger J. Schiera, New York City, of counsel.

MEMORANDUM AND ORDER

NEAHER, District Judge.

This is the second time the Court is called upon to decide whether plaintiff has a cognizable claim for relief under federal law as against the Long Island Railroad Company ("LIRR"), the sole remaining defendant. A prior motion by the then defendants, pursuant to Rule 12(b)(6), F.R.Civ.P., to dismiss the complaint for failure to state a claim was denied, although all defendants except LIRR were dropped.

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