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URBANIAK v. ERIE LACKAWANNA RY. CO.

Civ. No. 73-116.

424 F.Supp. 981 (1977)

Vincent URBANIAK, Plaintiff, v. ERIE LACKAWANNA RAILWAY COMPANY, Defendant.

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

January 12, 1977.

Attorney(s) appearing for the Case

John F. Collins, Collins, Collins & Dinardo, Buffalo, N. Y., for plaintiff.

Richard F. Griffin, Moot, Sprague, Marcy, Landy, Fernbach & Smythe, Buffalo, N. Y., for defendant.

MEMORANDUM AND ORDER

ELFVIN, District Judge.

This action under the Federal Employers' Liability Act (45 U.S.C. §§ 51 et seq.) was commenced after plaintiff was injured on the job on October 3, 1972. On September 15, 1975 a jury's verdict of $34,000 was returned in plaintiff's favor. The entire amount of the verdict was paid with the exception of $3,854.72 which defendant contends it paid to Buffalo Emergency Hospital and plaintiff's orthopedic...

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