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WAGNER v. CONSOLIDATED RAIL CORP.

No. 5:00-CV-216(FJS/GJD).

206 F.Supp.2d 339 (2002)

Robert WAGNER, Plaintiff, v. CONSOLIDATED RAIL CORPORATION, Defendant.

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

June 4, 2002.

Attorney(s) appearing for the Case

Office of Michael P. Marmor, Fayetteville, NY, Michael P. Marmor, of counsel, for Plaintiff.

Hodgson Russ LLP, Albany, NY, Theresa J. Puleo, of counsel, for Defendant.

MEMORANDUM-DECISION AND ORDER

SCULLIN, Chief Judge.

I. INTRODUCTION

Plaintiff commenced this action under the Federal Employers Liability Act, 45 U.S.C. § 51 et seq. ("FELA"), on February 3, 2000, and filed an amended complaint on December 7, 2000. Plaintiff claims that he sustained occupational injury, namely bronchial asthma, due to his exposure to toxic substances while in Defendant's employ. Plaintiff further alleges that Defendant...

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