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MILAM v. HERRLIN

No. 92 Civ. 5320 (RWS).

819 F.Supp. 295 (1993)

John V. MILAM and Vivian Milam, Plaintiffs, v. Dr. John HERRLIN, as an Agent of Metro-North Commuter Railroad, Rose Tulli, as an Agent of Metro-North Commuter Railroad, and Metro-North Commuter Railroad, Defendants.

United States District Court, S.D. New York.

April 7, 1993.

Attorney(s) appearing for the Case

Collins, Collins, DiNardo & Dolce, Buffalo, NY (John F. Collins, of counsel), for plaintiffs.

Metro-North Commuter R. Co., Richard K. Bernard, Gen. Counsel, New York City (C. Sue Barnett, Jose R. Rios, of counsel), for defendants.

OPINION

SWEET, District Judge.

The defendants, Dr. John Herrlin ("Herrlin"), Rose Tulli ("Tulli"), and Metro-North Commuter Railroad ("Metro-North") (collectively, the "Defendants") have moved pursuant to Rule 12(b)(1) and (6), Fed.R.Civ.P., for an order dismissing the Complaint of plaintiffs John V. Milam ("Milam") and Vivian Milam (collectively, the "Plaintiffs") for lack of subject matter jurisdiction and for failure to state a claim upon which relief...

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