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RUSTAY v. CONSOLIDATED RAIL CORP.

Civ. No. 90-2936 (CSF).

775 F.Supp. 161 (1991)

Scott Lee RUSTAY, Plaintiff, v. CONSOLIDATED RAIL CORPORATION, Defendant.

United States District Court, D. New Jersey.

October 8, 1991.

Attorney(s) appearing for the Case

Cheryl Bukala Kline, Cherry Hill, N.J., Riley and Fanelli, P.C. by Frederick J. Fanelli, Pottsville, Pa., for plaintiff.

Ruprecht & Hart by Thomas C. Hart, Adele C. Baker, Millburn, N.J., for defendant.

OPINION

CLARKSON S. FISHER, District Judge.

Before this court is a motion for summary judgment as to defendant's liability brought by plaintiff, Scott Lee Rustay ("Rustay"), against defendant, Consolidated Rail Corp. ("Conrail"), and a cross-motion for summary judgment brought by Conrail. For the reasons stated below, both motions for summary judgment are denied.

On April 30, 1988, at about 9:30 P.M., the defendant's train, while traveling through...

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