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SCHARRER v. CONSOLIDATED RAIL CORP.

Civ. No. N-90-622 (WWE).

792 F.Supp. 170 (1992)

Martin J. SCHARRER, Plaintiff, v. CONSOLIDATED RAIL CORPORATION and H. Krevit & Co., Inc., Defendant. CONSOLIDATED RAIL CORPORATION, Defendant/Third Party Plaintiff, v. H. KREVIT & CO., INC., Defendant/Third Party Defendant.

United States District Court, D. Connecticut.

June 2, 1992.

Attorney(s) appearing for the Case

Joseph Holotka, Paul Matasavage, Peter M.J. Reilly, Matasavage & Matasavage, Waterbury, Conn., for plaintiff.

Patrick J. Flaherty, Scully & Dowling, Hartford, Conn., for Consolidated Rail Corp.

Phyllis Pari, Alan G. Schwartz, Williams & Dana, New Haven, Conn., for H. Krevit & Co.

RULING ON DEFENDANT'S MOTION TO DISMISS

EGINTON, District Judge.

FACTS

Defendant, H. Krevit & Co., Inc. ["Krevit"] moves, pursuant to Federal Rules of Civil Procedure 12(b)(6), to dismiss the amended complaint.

Plaintiff, an Ohio resident, alleges that he was injured as a result of a chemical spill that occurred on May 12, 1989. On that date, Scharrer was an employee of the Consolidated Rail Corporation ["ConRail"], working in the Cedar...

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