AMATUCCI v. DELAWARE AND HUDSON RY. CO.

No. 34, Docket 84-7178.

745 F.2d 180 (1984)

Amilio AMATUCCI, Plaintiff-Appellee, v. DELAWARE AND HUDSON RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 28, 1984.


Attorney(s) appearing for the Case

Joseph A. Katarincic, Pittsburgh, Pa. (Thomas W. Brown, Robert A. Auerbach, Carolyn B. George, Lyons, Pentak, Brown & Tobin, Albany, N.Y., Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., of counsel), for defendant-appellant.

John Scarzafava, Oneonta, N.Y., for plaintiff-appellee.

Before KAUFMAN, MESKILL and PIERCE, Circuit Judges.


PIERCE, Circuit Judge.

The Delaware and Hudson Railway Company ("D & H" or "railroad") appeals from a judgment entered February 6, 1984, on a verdict for the plaintiff following a jury trial in the District Court for the Northern District of New York, James T. Foley, Judge. The jury awarded appellee Amatucci $137,500 under the provisions of the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51-60. Without reaching the merits of Amatucci...

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