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BACON v. METRO NORTH COMMUTER RAILROAD

No. 83 Civ. 5197 (WCC).

592 F.Supp. 14 (1984)

Lloyd C. BACON, Plaintiff, v. METRO NORTH COMMUTER RAILROAD CORPORATION, as successor to Consolidated Rail Corporation a/k/a Conrail Corporation, Defendant.

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

July 11, 1984.

Attorney(s) appearing for the Case

Tomkiel & Tomkiel, P.C., White Plains, N.Y., for plaintiff; Stanley A. Tomkiel, III, White Plains, N.Y., of counsel.

Walker & Bailey, New York City, for defendant; Lawrence R. Bailey, Jr., New York City, of counsel.

CONNER, District Judge.

Plaintiff Lloyd Bacon ("Bacon") commenced this action against his employer Consolidated Rail Corporation ("Conrail") and its successor Metro North Commuter Railroad Corporation ("Metro North")1, seeking to recover damages for the railroad's negligence under the provisions of the Federal Employers' Liability Act ("FELA"), 45 U.S.C. § 51 et seq. Metro North moved for summary judgment under Rule 56, F.R...

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