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MUNCY v. NORFOLK AND WESTERN RY. CO.

Civ. A. No. 84-1176.

650 F.Supp. 641 (1986)

Leonard L. MUNCY, Plaintiff, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant.

United States District Court, S.D. West Virginia.

December 22, 1986.

Attorney(s) appearing for the Case

Debra Archer, Katz, Kantor & Perkins, Bluefield, W.Va., for plaintiff.

Joseph Sanders, Sanders & Watson, Bluefield, W.Va., and T.T. Lawson, Wood, Rogers, Muse, Walker & Thornton, Roanoke, Va., for defendant.

ORDER

HALLANAN, District Judge.

This matter is before the Court on Defendant's motion to dismiss. The Court has thoroughly reviewed all relevant pleadings, memoranda and arguments of counsel and is now prepared to rule thereon.

I. Factual Background

Sometime in 1975, Plaintiff suffered an injury while working as a section foreman employed by the Defendant. Plaintiff filed suit in United States District Court under the Federal Employers...

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