ROSTOCKI v. CONSOLIDATED RAIL CORPORATION

No. 1003, Docket 93-7906.

19 F.3d 104 (1994)

Donald ROSTOCKI, Plaintiff-Appellant, v. CONSOLIDATED RAIL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 21, 1994.


Attorney(s) appearing for the Case

Marc H. Goldberg, Albany, NY (McClung, Peters and Simon, of counsel), for plaintiff-appellant.

Robert M. Schimpf, Albany, NY (Taylor, Schimpf and Matalavage, of counsel), for defendant-appellee.

Before: LUMBARD, MINER, and McLAUGHLIN, Circuit Judges.


LUMBARD, Circuit Judge:

Donald Rostocki appeals from a judgment of the District Court for the Northern District of New York, Cholakis, Judge, granting summary judgment to defendant Consolidated Rail Corporation ("Conrail"). The district court held that Rostocki could not sustain his claim for damages under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51-60 (1988), because he failed to allege any evidence that he was engaged in interstate...

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