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SMITH v. NATIONAL R.R. PASSENGER CORP.

No. 663, Docket 87-7741.

856 F.2d 467 (1988)

Charles H. SMITH, Plaintiff-Appellant, v. NATIONAL RAILROAD PASSENGER CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 31, 1988.

Attorney(s) appearing for the Case

L. Kevin Sheridan, Mineola, N.Y. (Jesse C. Sable, Mineola, N.Y., Santemma & Murphy, P.C., Mineola, N.Y., Moss, Moss & Cirillo, New Haven, Conn., of counsel), for plaintiff-appellant.

H. Bissell Carey, III, Hartford, Conn. (Eric Lukingbeal, Ronald W. Zdrojeski, Robinson & Cole, Hartford, Conn., of counsel), for defendant-appellee.

Before CARDAMONE and PIERCE, Circuit Judges, and STANTON, District Judge.

PIERCE, Circuit Judge:

Appellant Charles Smith was employed by the National Railroad Passenger Corp. ("Amtrak") as Superintendent of its Rail Weld and Cropping Plant in New Haven, Connecticut, until he was shot and seriously wounded by a disgruntled fellow employee on March 20, 1981. On the morning of that day, Smith reprimanded the employee, Joseph Leonetti, for having been in a restaurant eating breakfast when he was supposed to be at work. A few hours later, Leonetti...

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