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WIENCEK v. CONSOLIDATED RAIL CORPORATION

1988 Mass. App. Div. 14 (1988)

Richard F. Wiencek vs. Consolidated Rail Corporation

Massachusetts Appellate Division, Western District.

January 22, 1988.

Attorney(s) appearing for the Case

Patricia M. Dunbar for the plaintiff.

Lawrence Slotnick and Michael Fitzhugh for the defendant.

Present: McGuane, Larkin & Lenhoff, JJ.

McGuane, J.

This action brought by plaintiff Wiencek to recover for personal injuries allegedly suffered while employed by defendant Consolidated Rail Corporation (Conrail). Conrail answered, denying negligence and alleging contributory negligence on the part of the plaintiff. Interrogatories were filed by defendant, but not answered by plaintiff within the proper time. Conrail then filed a Rule 33 (a) application for entry-of judgment of dismissal. Upon re-application...

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