CONTI v. NORFOLK & W. RY. CO.

Nos. 76-2336 to 76-2338.

566 F.2d 890 (1977)

Lawrence J. CONTI, Appellee, v. NORFOLK AND WESTERN RAILWAY COMPANY, Appellant. Simon S. SCARANO, Appellee, v. NORFOLK AND WESTERN RAILWAY COMPANY, Appellant. George M. FUNK, Appellee, v. NORFOLK AND WESTERN RAILWAY COMPANY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 8, 1977.


Attorney(s) appearing for the Case

Edward L. Oast, Jr., and William T. Prince, Norfolk, Va., for appellant in Nos. 76-2336, 76-2337, and 76-2338.

Raymond H. Strople, Portsmouth, Va. (Bernard Miller, Moody, McMurran & Miller, Ltd., Portsmouth, Va., on brief) for appellee in Nos. 76-2336 and 76-2337.

William F. Burnside, Portsmouth, Va., for appellee in No. 76-2338.

Before BUTZNER, Circuit Judge, FIELD, Senior Circuit Judge, and THOMSEN, Senior District Judge.


FIELD, Senior Circuit Judge:

In each of these three cases the plaintiff filed an action in the district court to recover damages under the provisions of the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51, et seq. The defendant filed a motion to dismiss in each case, asserting that at the time of their respective injuries the plaintiffs were engaged in maritime employment within the meaning of the Longshoremen's and Harbor Workers' Compensation...

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