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GAINES v. GENERAL MOTORS CORP.

Civ. A. No. 91-11633-MA.

789 F.Supp. 38 (1991)

Patricia GAINES, administratrix of the Estate of Christopher J. Duffy & Personal Representative of Heirs at law, Plaintiff, v. GENERAL MOTORS CORPORATION, Consolidated Rail Corporation and Anchor Motor Freight, Inc., Defendants.

United States District Court, D. Massachusetts.

November 21, 1991.

Attorney(s) appearing for the Case

David Rodibaugh, Finkelstein & Oriel, Framingham, Mass., for plaintiff Patricia Gaines.

James J. Ciapciak, Campbell & Associates, Boston, Mass., for defendant General Motors Corp.

Robert L. Farrell and Leonard F. Zandrow, Parker, Coulter, Daley & White, Boston, Mass., for defendant Consol. Rail Corp.

David M. O'Connor, O'Connor & Jantzen, Boston, Mass., for defendant Anchor Motor Freight, Inc.

FINDINGS AND RECOMMENDATIONS ON DEFENDANT'S MOTION TO DISMISS

ALEXANDER, United States Magistrate Judge.

This diversity case has been referred to this Court for findings and recommendations pursuant to 28 U.S.C. § 636(b)(1)(B) on a motion to dismiss. Defendant Consolidated Rail Corporation has moved this Court to dismiss the case for failure to state a claim. Fed.R.Civ.P. 12(b)(6).

FACTUAL BACKGROUND

The administratrix of the decedent...

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