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KRESS v. LONG ISLAND R. R.

No. 81 Civ. 1055 (KTD).

526 F.Supp. 856 (1981)

Mary Ann KRESS, Plaintiff, v. The LONG ISLAND RAIL ROAD, Defendant.

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

October 21, 1981.

Attorney(s) appearing for the Case

Richard Frank, P.C., New York City, for plaintiff; Richard Frank, David M. Goldberg, New York City, of counsel.

Thomas M. Taranto, Gen. Counsel, Jamaica, N. Y., for defendant; Angelo Granatelli, Jamaica, N. Y., of counsel.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge.

This is an action to recover damages under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. ["FELA"], for injuries sustained by the plaintiff when she was raped in a parking lot owned and maintained by her employer, the defendant Long Island Rail Road ["LIRR"]. Both parties have moved for summary judgment on the issues of the application of FELA to this case and on the effect...

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