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McCONVILLE v. MASSACHUSETTS BAY TRANSP. AUTHORITY

Civ. A. No. 90-11647-EFH.

852 F.Supp. 1 (1994)

Marianne McCONVILLE, Acting as Special Administratrix of the Estate of Mary McConville, Deceased, Plaintiff, v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, et al., Defendants.

United States District Court, D. Massachusetts.

May 17, 1994.

Attorney(s) appearing for the Case

William L. Maher, Law Office of Robert O'Neill, Boston, MA, for plaintiff.

Robert H. Flynn, Fay, Flynn & Fay, Boston, MA, for defendants.

MEMORANDUM AND ORDER

HARRINGTON, District Judge.

This matter is before the Court on Defendants' Motion for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. This is an action in tort by the administratrix of the estate of Mary McConville, alleging wrongful death as the result of her being struck by a commuter rail train on May 31, 1990. The Plaintiff alleges simple negligence in the operation of the train, reckless conduct...

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