Milesco v. Norfolk Southern Corporation et al
||Tyler Z. Milesco
||Norfolk Southern Corporation, Norfolk Southern Railway Company and ACF Industries, LLC
||June 29, 2009
||US District Court for the Middle District of Pennsylvania
||John E. Jones
|Nature of Suit:
|Cause of Action:
||28:1332 Diversity-Personal Injury
|Jury Demanded By:
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|January 5, 2010
MEMORANDUM AND ORDER - Defendant ACF's Motion to Dismiss the Plaintiff's Complaint 7 is GRANTED IN PART AND DENIED IN PART to the following extent: The Motion is GRANTED insofar as it relates to Counts II and III of the complaint. The Mot ion is DENIED insofar as it is related to Count IV of the Complaint. The Plaintiff is granted leave to file an amended complaint as to his manufacturing defect claim as contained in Count II, which may then permit him to reassert Count III. Such amendment shall be filed within 28 days of the entering of this order and shall comply with the dictates of Federal Rule Civil Procedure 15 and MDPA LR 15.1.Signed by Honorable John E. Jones, III on 1/5/09. (pw, )
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