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FINLEY v. NATIONAL R.R. PASSENGER CORP.

No. Civ.A. 95-3594.

1 F.Supp.2d 440 (1998)

Edwin FINLEY, Plaintiff, v. NATIONAL RAILROAD PASSENGER CORPORATION, a/k/a Amtrak, Defendant.

United States District Court, E.D. Pennsylvania.

March 23, 1998.

Attorney(s) appearing for the Case

G. Sander Davis, Davis and Myers, Philadelphia, PA, Dean I. Orloff, G. Sander Davis & Assoc., Philadelphia, PA, William L. Myers, Jr., Davis and Myers, Philadelphia, PA, Gerard J. Martillotti, Trial Counsel, Davis and Myers, Philadelphia, PA, for Edwin Finley, plaintiff.

Richard A. Kraemer, Trial Counsel, Christopher J. Hoare, Marshall, Dennehey, Warner, Coleman and Goggin, Philadelphia, PA, for National Railroad Passenger Corporation, a/k/a Amtrak, defendant.

MEMORANDUM

LOWELL A. REED, Jr., District Judge.

After the opening statement by counsel for the defendant, National Railroad Passenger Corporation, a/k/a Amtrak ("Amtrak"), plaintiff Edwin Finley ("Finley") made this oral motion for a mistrial based on references defense counsel made to evidence that Finley told an examining doctor that he intended to apply for a disability pension and that Finley in fact has retired and has applied for and is receiving...

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