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FITCHIK v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC.

Civ. A. No. 86-3060.

678 F.Supp. 465 (1988)

Joseph P. FITCHIK, Plaintiff, v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC., Defendant.

United States District Court, D. New Jersey.

January 26, 1988.

Attorney(s) appearing for the Case

Grace A. Dennigan, Deputy Atty. Gen., State of New Jersey, Trenton, N.J., for defendant New Jersey Transit Rail Operations, Inc.

Lawrence A. Katz, Coffey & Kaye, Bala Cynwyd, Pd., for plaintiff Joseph P. Fitchik.

OPINION

WOLIN, District Judge.

Defendant by formal motion belatedly moves to dismiss plaintiff's complaint after the entry of the final pretrial order and one week in advance of the scheduled trial date. At issue is whether the United States District Court has jurisdiction to entertain and dispose of plaintiff's personal injury action or is prohibited therefrom by the doctrine of sovereign immunity embodied in the Eleventh Amendment. Because of the substantial...

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