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CALDARO v. BALTIMORE AND OHIO RAILROAD COMPANY

Civ. No. 13710.

166 F.Supp. 833 (1956)

Vincent CALDARO, Plaintiff, v. BALTIMORE AND OHIO RAILROAD COMPANY, Defendant.

United States District Court E. D. New York.

June 14, 1956.

Attorney(s) appearing for the Case

Colin & Brewster, Brooklyn, N. Y. (Theodore D. Rothenberg, Brooklyn, N. Y., of counsel), for plaintiff.

Alexander & Green, New York City (Robert Schwebel, Donald N. Dunn, New York City, of counsel), for defendant.

LUMBARD, Circuit Judge.

This is an action brought by Vincent Caldaro against the Baltimore and Ohio Railroad Company for injuries sustained in an accident which occurred in the course of his employment on August 11, 1952. The plaintiff invokes the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. and various provisions of New York law.

By its answer the defendant asserted as an affirmative defense that the plaintiff's exclusive remedy is under...

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