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DURHAM v. CONSOLIDATED RAIL CORP.

No. 98-CV-6117.

8 F.Supp.2d 223 (1998)

Lloyd DURHAM and Alice Durham, Plaintiffs, v. CONSOLIDATED RAIL CORPORATION, Conrail, Inc., and Laroche Industries, Inc., Defendants.

United States District Court, W.D. New York.

April 9, 1998.

Attorney(s) appearing for the Case

William P. Smith, Rochester, NY, for Plaintiffs.

Michael R. Law, Rochester, for Defendants.

DECISION AND ORDER

SIRAGUSA, District Judge.

This is an action in which the plaintiffs are suing in negligence for injuries sustained by Mr. Durham when two railroad cars rolled into a third railroad car upon which he was working. The plaintiffs commenced this action in New York State Supreme Court, Wayne County, on February 5, 1998. One of the defendants, LaRoche Industries, Inc., filed a notice of removal to this Court on March 18, 1998. For the reasons...

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