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HOGAN v. CONSOLIDATED RAIL CORP.

Nos. 363, 364, Dockets 91-7625, 91-7627.

961 F.2d 1021 (1992)

June E. HOGAN, Individually and as Administratrix of the Estate of Michael J. Hogan, Deceased, Plaintiff-Appellant, v. CONSOLIDATED RAIL CORPORATION, Defendant-Appellant, Excelsior Truck Leasing Company, Defendant, Norfolk & Western Railway Company, also known as Norfolk & Southern Railway Company, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Final Submissions October 31, 1991.

Decided April 6, 1992.

Attorney(s) appearing for the Case

Marvin I. Barish, P.C., Philadelphia, Pa., for plaintiff-appellant, joined brief of defendant-appellant.

Susan C. Roney, Buffalo, N.Y. (Laurie S. Bloom, Mary C. Baumgarten, Nixon, Hargrave, Devans & Doyle, on the brief), for defendant-appellant.

Thomas F. Segalla, Buffalo, N.Y. (Patricia Gillen, Saperston & Day, on the brief), for defendant-appellee.

Before: KEARSE, PRATT, and WALKER, Circuit Judges.

KEARSE, Circuit Judge:

Plaintiff June E. Hogan appeals from a judgment of the United States District Court for the Western District of New York, John T. Elfvin, Judge, dismissing so much of her complaint as asserted a negligence claim against defendant Norfolk & Western Railway Company ("N & W") in connection with the death of her husband Michael J. Hogan ("Hogan"). Defendant Consolidated Rail Corporation ("Conrail...

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