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MASSIMIANI v. MONONGAHELA RAILWAY CO.

Civ. A. No. 71-1041.

339 F.Supp. 832 (1972)

Ned MASSIMIANI, Plaintiff, v. The MONONGAHELA RAILWAY CO., Inc., Defendant.

United States District Court, W. D. Pennsylvania.

March 14, 1972.

Attorney(s) appearing for the Case

Moschetta & Moschetta, Washington, Pa., for plaintiff.

Dickie, McCamey & Chilcote, Pittsburgh, Pa., for defendant.

MEMORANDUM and ORDER

McCUNE, District Judge.

This action was brought under the Federal Employers' Liability Act, 45 U. S.C.A. § 51 et seq. We presently are confronted with defendant railroad's motion to dismiss the complaint for failure to state a claim upon which relief can be granted.

For disposition of the motion we assume the correctness of the factual allegations of the complaint.

Plaintiff alleges that in 1968 he was suffering...

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