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BESTA v. CONSOLIDATED RAIL CORP.

No. 83 Civ. 4029 (KTD).

580 F.Supp. 869 (1984)

Edward BESTA, Plaintiff, v. CONSOLIDATED RAIL CORPORATION, Defendant.

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

March 2, 1984.

Attorney(s) appearing for the Case

Altier, Wayne & Klein, New York City, for plaintiff; Richard Klein, New York City, of counsel.

Gallop, Dawson, Kimelman & Clayman, New York City, for defendant; Amy Schwartz, New York City, of counsel.

MEMORANDUM AND ORDER

KEVIN THOMAS DUFFY, District Judge.

Defendant Consolidated Rail Corporation ("Conrail") moves to dismiss this action brought by the plaintiff Edward Besta in which Besta alleges a violation of the Federal Employers Liability Act ("FELA"), 45 U.S.C. § 51 et seq.

Defendant first asserts that the complaint should be stricken pursuant to Fed.R.Civ.P. 37(d) for plaintiff's failure...

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