District Court, N.D. New York June 4, 2002, 5:00-cv-00216 (Wagner v. Consolidated Rail Corp.)

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.