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 |
| 1:2013cv00234 |
| March 25, 2013 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Davie |
| WILLIAM L. OSTEEN |
| JOI ELIZABETH PEAKE |
| P.I.: Other |
| 45 U.S.C. ยง 51 Railways: Fed. Employer's Liability Act |
| Plaintiff |
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Filing
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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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