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FOX v. NORFOLK & WESTERN RY. CO.

No. 90-0129C(6).

755 F.Supp. 265 (1991)

C.W. FOX, Plaintiff, v. NORFOLK & WESTERN RAILWAY CO., Defendant.

United States District Court, E.D. Missouri, E.D.

January 23, 1991.

Attorney(s) appearing for the Case

Dennis T. Rathmann, Stubbs, Abele & Rathmann, St. Louis, Mo., for plaintiff.

Frank N. Gundlach, Douglas Rush, Armstrong, Teasdale, Schafly, Davis & Dicus, St. Louis, Mo., for defendant.

MEMORANDUM

GUNN, District Judge.

This matter is before the Court on plaintiff's motion to remand and defendant's motion to dismiss plaintiff's complaint for failure to state a claim.

Plaintiff Carol W. Fox is an Illinois resident who has been employed by the defendant Norfolk & Western Railway Company (Norfolk & Western) for approximately twenty-three years. On November 12, 1989, Fox allegedly injured his back while throwing a switch in the...

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