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RASPENTE v. NATIONAL R.R. PASSENGER CORP.

No. 658, Docket 96-7692.

111 F.3d 239 (1997)

Dominick RASPENTE, Plaintiff-Appellant, v. NATIONAL RAILROAD PASSENGER CORP., a.k.a. Amtrak; John Springer, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 2, 1997.

Attorney(s) appearing for the Case

Martin Diennor, Fuchsberg & Fuchsberg, New York City, for Plaintiff-Appellant.

William G. Ballaine, Landman Corsi Ballaine & Ford, New York City, (Lisa S. Rabinowitz, of counsel), for Defendants-Appellees.

Before: KEARSE and CABRANES, Circuit Judges, and KELLEHER, District Judge.

JOSÉ A. CABRANES, Circuit Judge:

Plaintiff Dominick Raspente, who brought this personal injury suit against defendants after being struck by a train, appeals from the judgment of the United States District Court for the Southern District of New York (Denny Chin, Judge), granting defendants' FED.R.CIV.P. 50 motion for judgment as a matter of law.1 Plaintiff claims that the district court erred when it concluded that, even viewing...

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