BILLINGS v. CHICAGO, R. I. & P. R. CO.

No. 77-1711.

581 F.2d 707 (1978)

Larry K. BILLINGS, Appellant, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 3, 1978.


Attorney(s) appearing for the Case

James M. Martin, St. Louis, Mo. (argued) and Mark R. Bahn, Rau & Martin, St. Louis, Mo., L. Thomas Lakin, Lakin & Francis, East Alton, Ill., and John T. Haskins, Haskins, Ward, Rhodes & Garrett, Little Rock, Ark., on brief, for appellant.

Robert M. Sommers, James, Odegard & Millert, Kansas City, Mo. (argued), Neal E. Millert, Kansas City, Mo., and James D. Eckhoff, Fordyce & Mayne, St. Louis, Mo., on brief, for appellee.

Before BRIGHT, Circuit Judge, INGRAHAM, Senior Circuit Judge, and STEPHENSON, Circuit Judge.


STEPHENSON, Circuit Judge.

Larry K. Billings appeals from an order of the district court1 granting defendant-appellee Chicago, Rock Island and Pacific Railroad's (Rock Island) motion to dismiss. The court, treating the Rock Island's motion as a motion for summary judgment, granted the motion on the ground that Billings' action based on the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51, et seq., was barred by the three-year...

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