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MILESCO v. NORFOLK SOUTHERN CORP.

No. 1:09-cv-01233.

807 F.Supp.2d 214 (2011)

Tyler Z. MILESCO, Plaintiff, v. NORFOLK SOUTHERN CORPORATION, Norfolk Southern Railway Company; and ACF Industries, LLC, Defendants/Third-Party Plaintiffs, v. Joy Technologies, Inc., f/k/a Joy Mining Machinery; and Amsted Rail Company, f/k/a ASF-Keystone, Inc., Third-Party Defendants.

United States District Court, M.D. Pennsylvania.

September 6, 2011.

Attorney(s) appearing for the Case

Richard A. Sadlock , Neil J. Rovner , Angino & Rovner, Harrisburg, PA, for Plaintiff.

Craig J. Staudenmaier , Joshua D. Bonn , Nauman, Smith, Shissler & Hall, LLP, Harrisburg, PA, John Ehmann , John C. McMeekin, II , Rawle & Henderson, LLP, Philadelphia, PA, for Defendants/Third-Party Plaintiffs.

Edward M. Koch , James J. Donohue , Thomas Justin Chapman , White and Williams, LLP, Philadelphia, PA, for Third-Party Defendants.

MEMORANDUM & ORDER

JOHN E. JONES III, District Judge.

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

Pending before the Court is Defendant/Third-Party Plaintiff ACF Industries, LLC's Motion to Dismiss Plaintiff's Claims for Lack Subject Matter Jurisdiction (Federal Preemption). (Doc. 127). For the following reasons, we shall deny the pending motion.

I. PROCEDURAL HISTORY and FACTUAL BACKGROUND

On June 5, 2009...

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