PRICE v. NORFOLK & W. RY. CO.

No. 78-1619.

618 F.2d 1059 (1980)

John B. PRICE, Jr., Appellee, v. NORFOLK AND WESTERN RAILWAY COMPANY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 9, 1980.


Attorney(s) appearing for the Case

Edward L. Oast, Jr., and William T. Prince, Norfolk, Va. (Williams, Worrell, Kelly & Greer, Norfolk, Va., on brief), for appellant.

William F. Burnside, Virginia Beach, Va., for appellee.

Before BREITENSTEIN, RUSSELL and WIDENER, Circuit Judges.


WIDENER, Circuit Judge:

The plaintiff, John Price, was injured in the course of his employment with the defendant, Norfolk and Western Railway Company (N&W), and brought an action under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60, against N&W to recover damages for his injury. The defendant moved to dismiss the case for lack of jurisdiction, arguing that the plaintiff was a longshoreman as defined in the Federal Longshoremen's...

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