DUBOSE v. KANSAS CITY SOUTHERN RY. CO.

No. 82-2307.

729 F.2d 1026 (1984)

Kathleen DUBOSE, Plaintiff-Appellee, v. KANSAS CITY SOUTHERN RAILWAY CO., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 16, 1984.


Attorney(s) appearing for the Case

Mehaffy, Weber, Keith & Gonsoulin, James L. Weber, Robert A. Black, Beaumont, Tex., for defendant-appellant.

Provost, Umphrey, Doyle & McPherson, Walter Umphrey, Joseph R. Steele, Gregory Thompson, Port Arthur, Tex., for plaintiff-appellee.

Before REAVLEY, RANDALL and HIGGINBOTHAM, Circuit Judges.


REAVLEY, Circuit Judge:

Kansas City Southern Railway Company (KCS) appeals an adverse judgment in a wrongful death action brought under the Federal Employers' Liability Act (FELA) 45 U.S.C. § 51 et seq. (1976), complaining principally that the plaintiff's cause of action was time barred. We affirm, but remand for modification of damages.

I

William DuBose worked for KCS as a railroad car repairman from approximately 1950 to 1977, when he retired...

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