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SEAMAN v. GREEN INDUS.

184 Misc.2d 603 (2000)

707 N.Y.S.2d 299

JOSEPH SEAMAN et al., Plaintiffs, v. A.P. GREEN INDUSTRIES, INC., et al., Defendants.

Supreme Court, New York County.

January 27, 2000.

Attorney(s) appearing for the Case

Mound, Cotton & Woolan, New York City (Ellen G. Margolis and Daniel Markewich of counsel), for Viad Corp., defendant.

Early & Strauss, L. L. C., New York City (Mark Bibro of counsel), for plaintiffs.

OPINION OF THE COURT

HELEN E. FREEDMAN, J.

Defendant Viad Corporation (Viad) moves for an order dismissing the complaint in this and 97 other personal injury actions, on the ground that plaintiffs' claims are preempted by the Federal Locomotive Boiler Inspection Act (49 USC §§ 20701-20903 [the BIA]). For the reasons set forth below, the motion is granted.

In this action, plaintiff Joseph Seaman...

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