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MACK v. CONSOLIDATED RAIL CORP.

No. 97-30074-MAP.

24 F.Supp.2d 126 (1998)

Richard J. MACK, Jr., Plaintiff, v. CONSOLIDATED RAIL CORPORATION, Defendant and Third-Party Plaintiff, v. THE HUB GROUP and R.M. Sullivan Transportation, Inc., Third-Party Defendants.

United States District Court, D. Massachusetts.

October 13, 1998.

Attorney(s) appearing for the Case

Earlon L. Seeley, Jr., Charles R. Casartello, Jr., Pellegrini & Seeley, Springfield, MA, for Richard J. Mack, Jr., plaintiff.

Leonard F. Zandrow, Brister & Zandrow, Boston, MA, Michael B. Flynn, Flynn & Associates, P.C., Boston, MA, for Consolidated Rail Corporation.

Stephen J. Brown, Worcester, MA, for Hub Group, The.

Ronald C. Kidd, Robinson, Donovan, Madden & Barry, Springfield, MA, for R.M. Sullivan Transportation, Inc., third-party defendant.

MEMORANDUM REGARDING THIRD-PARTY DEFENDANT R.M. SULLIVAN TRANSPORTATION, INC.'S MOTION TO DISMISS

PONSOR, District Judge.

I. INTRODUCTION

Richard J. Mack, Jr. was injured on the job while loading the container portion of a tractor trailer. (Docket No. 14, ¶ 6) He sued Consolidated Rail Corporation ("Conrail"), alleging that it owned the trailer and that its negligence caused his injury. (Docket No. 14, ¶ 5) Conrail...

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