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EGGERT v. NORFOLK & W. RY. CO.

No. 870, Docket 75-7675.

538 F.2d 509 (1976)

Thomas W. EGGERT, Plaintiff-Appellant, v. NORFOLK & WESTERN RAILWAY CO. and Erie Lackawanna Railway Co., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 25, 1976.

Attorney(s) appearing for the Case

Richard F. Griffin, Buffalo, N. Y. (Moot, Sprague, Marcy, Landy, Feinbach & Smythe, Buffalo, N. Y., on the brief, Daniel M. Darragh, Buffalo, N. Y., of counsel), for defendants-appellees.

John F. Collins, Buffalo, N. Y. (Collins, Collins & DiNardo, Buffalo, N. Y., on the brief), for plaintiff-appellant.

Before HAYS and MANSFIELD, Circuit Judges, and BRIEANT, District Judge.

HAYS, Circuit Judge:

Plaintiff-appellant Thomas W. Eggert appeals from an entry of judgment on a decision in the United States District Court for the Western District of New York on October 30, 1975 which granted the defendants' motion for a directed verdict and ordered the dismissal of Eggert's complaint based upon the Federal Employers' Liability Act, 45 U.S.C. § 51, et seq. We reverse.

The appellant, an engineer for the defendant Erie Lackawanna...

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