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OKVAT v. PENN CENTRAL TRANSP. CO.

No. Civ. 75-396.

438 F.Supp. 658 (1977)

George OKVAT, Plaintiff, v. PENN CENTRAL TRANSPORTATION COMPANY, Defendant & Third-Party Plaintiff, v. ASHLAND OIL CORP., Third-Party Defendant.

United States District Court, W. D. New York.

June 30, 1977.

Attorney(s) appearing for the Case

Gerard J. Lankes, Lankes, Semple & Waible, Buffalo, N.Y., for plaintiff.

Edmund S. Brown, Jr., Brown, Maloney, Gallup, Roach & Busteed, P.C., Buffalo, N.Y., for Penn Central.

Andrew Feldman, Ohlin, Damon, Morey, Sawyer & Moot, Buffalo, N.Y., for Ashland Oil.

MEMORANDUM and ORDER

ELFVIN, District Judge.

Pursuant to the Federal Employers' Liability Act, 45 U.S.C. §§ 51 et seq., plaintiff sued his former employer, the Penn Central Transportation Company ("Penn Central"), for injuries sustained during the course of his employment on land owned by the Ashland Oil and Refining Company, Inc. ("Ashland"). The injury was sustained while plaintiff was in the process of "throwing" a switch on a side track on...

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