FULK et al v. NORFOLK SOUTHERN RAILWAY COMPANY et al
||ESTATE OF JOHN H. FULK III, DANA B. FULK and JOHN H. FULK III
||NORFOLK SOUTHERN RAILWAY COMPANY and NORFOLK SOUTHERN CORPORATION
||March 25, 2013
||North Carolina Middle District Court
||WILLIAM L. OSTEEN
||JOI ELIZABETH PEAKE
|Nature of Suit:
|Cause of Action:
||45:51 Railways: Fed. Employer's Liability Act
|Jury Demanded By:
Available Case Documents
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|Date Filed||#||Document Text|
|August 4, 2014
MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 08/04/2014, that Defendants' Motion to Dismiss (Doc. 10 ) is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to the FELA clai m and DENIED as to the FRSA claim. FURTHER ORDERED that Plaintiffs' potential remedies on the FRSA claim are limited to those specified in 49 U.S.C. § 20109(e)(2). FURTHER that Plaintiffs' motion for leave to file surreply (Doc. 22 ) is DENIED.(Taylor, Abby)
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