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FINN v. CONSOLIDATED RAIL CORP.

Civ. A. No. 80-1633-Mc.

622 F.Supp. 41 (1985)

Pat FINN, Administratix, Plaintiff, v. CONSOLIDATED RAIL CORP., (Defendant/Third Party Plaintiff), v. BOSTON & MAINE RAILROAD, Third-Party Defendant.

United States District Court, D. Massachusetts.

June 12, 1985.

Attorney(s) appearing for the Case

Philip J. Crowe Jr., Lubin & Meyer, Boston, Mass., for plaintiff.

Michael A. Fitzhugh, Fitzhugh & Ward, Boston, Mass., for Consolidated Rail Corp.

Robert D. O'Leary, Quincy, Mass., for Boston & Maine Corp.

MEMORANDUM AND ORDERS ON MOTIONS TO DISMISS

McNAUGHT, District Judge.

This action came on to be heard on two separate motions. The defendant Consolidated Rail Corporation (Conrail) filed a motion to dismiss which shall be treated as a motion for summary judgment. The third-party defendant Boston & Maine Railroad (B. & M.) filed a separate motion for summary judgment.

Briefly, the facts are these. The plaintiff's intestate, Edward Finn, worked...

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