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McGRATH v. CONSOLIDATED RAIL CORP.

Civil Action No. 95-11185-WGY.

943 F.Supp. 95 (1996)

Michael McGRATH, Plaintiff, v. CONSOLIDATED RAIL CORPORATION, Defendant.

United States District Court, D. Massachusetts.

October 21, 1996.

Attorney(s) appearing for the Case

Steven L. Kantor, John F. Maxwell, Collins, Collins & Kantor, P.C., Buffalo, NY, for plaintiff.

Michael B. Flynn, Leonard F. Zandrow, Jr., Brister & Zandrow, Boston, MA, for defendant.

MEMORANDUM OF DECISION

YOUNG, District Judge.

Michael McGrath ("McGrath") commenced this action to recover for injuries he suffered as an employee of Consolidated Rail Corporation ("Conrail"). Conrail filed a motion for summary judgment arguing that the Federal Boiler Inspection Act (the "Boiler Act"), 49 U.S.C. § 20701, did not apply to the facts of this case and that McGrath could not otherwise establish...

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