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PLANTE v. PENNSYLVANIA RAILROAD COMPANY

No. 65 Civ. 871.

292 F.Supp. 606 (1968)

Clara M. PLANTE, as Executrix of the Estate of Arthur J. Plante, Deceased, Plaintiff, v. The PENNSYLVANIA RAILROAD COMPANY, Defendant.

United States District Court S. D. New York.

November 8, 1968.

Attorney(s) appearing for the Case

Leo Gitlin, New York City, for plaintiff.

Conboy, Hewitt, O'Brien & Boardman, New York City, for defendant.

MANSFIELD, District Judge.

Plaintiff, as the executrix of her husband's estate, brought this suit under the Federal Employers' Liability Act (FE LA), 45 U.S.C.A. § 51 et seq., to recover compensation for injuries incurred by her husband while in the employ of defendant as a freight brakeman. Defendant now moves for summary judgment pursuant to Rule 56, F.R.Civ.P., on the ground that plaintiff's action is barred because plaintiff's testator already recovered compensation...

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