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GOTTSCHALK v. CONSOLIDATED R. R. CORP.

No. 77 Civ. 2581(MP).

457 F.Supp. 377 (1978)

Philip E. GOTTSCHALK, Plaintiff, v. CONSOLIDATED RAILROAD CORPORATION, Defendant.

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

Supplemental Opinion November 8, 1978.

Attorney(s) appearing for the Case

Rosen & Rosen, Monticello, N. Y., for plaintiff; Robert M. Rosen, Monticello, N. Y., of counsel.

Robert M. Peet, New York City, for defendant; Henry W. Herbert, New York City, of counsel.

Supplemental Opinion November 8, 1978. See 460 F.Supp. 592.

OPINION

POLLACK, District Judge.

The defendant has moved for summary judgment in its favor pursuant to Fed.R. Civ.P. 56. For reasons shown hereafter, the motion will be denied at this time.

On September 11, 1976, a freight train operated by the defendant derailed and destroyed plaintiff's warehouse-garage and mill-office buildings. Plaintiff...

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