134 F.Supp. 681 (1955)
Waclaw MATUSIAK, Plaintiff, v. PENNSYLVANIA RAILROAD COMPANY, Defendant.
United States District Court D. New Jersey.https://leagle.com/images/logo.png
October 4, 1955.
October 4, 1955.
John W. Taylor, Newark, N. J., for defendant, John R. Kingsland, Newark, N. J., of counsel.
MODARELLI, District Judge.
This is a motion by the defendant under Rule 12(b)(6) to dismiss the complaint on the ground that at the time of plaintiff's alleged injuries he was not employed by the defendant-carrier, as is required under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq.
The Act provides:
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