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FULLERTON v. MONONGAHELA CONNECTING R.R. CO.

June 22, 1965

John G. FULLERTON, Plaintiff,
v.
The MONONGAHELA CONNECTING RAILROAD COMPANY, a corporation, and Retail Credit Company, a corporation, Defendants



The opinion of the court was delivered by: GOURLEY

In this civil proceeding plaintiff claims that defendants conspired to prevent him from recovering damages against defendant carrier in another proceeding under the Federal Employers' Liability Act in this Court. Plaintiff claims that as a result of the conspiracy he has suffered the following injuries:

1. Violation of his civil rights.

 2. He has been impaired in the prosecution of his claim for damages.

 3. Defamation of character.

 4. Invasion of privacy.

 5. Impairment of health, severe emotional distress, and humiliation.

 Furthermore, since no diversity of citizenship exists between plaintiff and Defendant Monongahela Connecting Railroad (carrier), plaintiff claims that the doctrine of 'pendent jurisdiction' supports his claim for recovery against the carrier for the common law torts.

 The immediate matter before the Court is a Motion to Dismiss filed by defendants based on the legal theses that the Court has no jurisdiction over the plaintiff's claims, that the claim for defamation is barred by the one-year statute of limitations, and that plaintiff has failed to state any claim upon which relief can be granted.

 After a thorough review of the record, arguments and briefs of counsel, and the applicable law, it is the considered judgment of the Court that the motion of Defendant Carrier should be granted as to all claims against it, and that the Motion of Defendant Retail Credit should be granted as to those claims asserted under federal statutes and denied as to those claims based on diversity.

 I. FACTS

 The instant proceeding arose in connection with the filing of suit for personal injuries by the plaintiff in this Court under the Federal Employers' Liability Act, against Defendant Carrier, at Civil Action No. 63-366. Defendant Carrier engaged the Retail Credit Company to make an investigation of plaintiff's activities and pursuant thereto Retail Credit sent James Napoleone to interrogate the plaintiff at his home. Napoleone was charged with representing himself to plaintiff as an agent of the Veterans Administration, and was subsequently arrested and convicted of the crime of impersonating a federal employee, under 18 U.S.C.A. § 912. An appeal on said conviction is presently pending before the United States Court of Appeals for the Third Circuit.

 II. DISCUSSION

 Analysis indicates that plaintiff is not entitled to the relief demanded under the federal statutes. The Court does have jurisdiction because plaintiff has asserted rights under the laws of the United States and the claims based thereon must be dismissed for failure to state a claim upon which relief can ...


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