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VOGELSANG v. WESTERN MARYLAND RY. CO.

Civ. A. No. J-80-1292.

531 F.Supp. 11 (1981)

Leo T. VOGELSANG, Plaintiff, v. WESTERN MARYLAND RAILWAY COMPANY, Defendant.

United States District Court, D. Maryland.

June 18, 1981.

Attorney(s) appearing for the Case

William B. Baker, Baltimore, Md., C. Richard Grieser, Columbus, Ohio, for plaintiff.

Thomas L. Samuel, H. Russell Smouse, Ransom J. Davis, Baltimore, Md., for defendant.

MEMORANDUM AND ORDER

SHIRLEY B. JONES, District Judge.

Plaintiff has brought this action under the Federal Employers' Liability Act (FELA) and the Safety Appliance Acts to recover for injuries sustained in an accident on March 26, 1980, when he fell from atop a railroad car. Defendant moved to dismiss, for failure to state a cause of action and lack of subject matter jurisdiction, on the ground that plaintiff's exclusive remedy is under the Longshoremen...

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