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OGLESBY v. DELAWARE & HUDSON RAILWAY CO.

Docket No. 97-9636.

180 F.3d 458 (1999)

John M. OGLESBY and Lois P. Oglesby, Plaintiffs-Appellees, v. DELAWARE & HUDSON RAILWAY COMPANY, Defendant, General Motors Corporation, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 17, 1999.

Attorney(s) appearing for the Case

David Heilbron, McCutchen, Doyle, Brown & Enersen (Arthur H. Thorn, Paul D. Jureller, Thorn & Gershon, Albany, New York, of counsel), San Francisco, California, for Defendant-Appellant.

Ira M. Maurer, Elkind, Flynn & Maurer, White Plains, New York, for Plaintiffs-Appellees.

Before: WINTER, Chief Judge, VAN GRAAFEILAND, and PARKER, Circuit Judges.

PER CURIAM:

General Motors Corporation ("GM") appeals with permission from Judge Kahn's denial of its motion for summary judgment. See Oglesby v. Delaware & Hudson Ry. Co., 964 F.Supp. 57 (N.D.N.Y.1997). We reverse and remand with instructions to grant the motion.

BACKGROUND

On August 13, 1986, John Oglesby, an employee of the Delaware and Hudson Railway Company...

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