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GIBSON v. MISSOURI PAC. R. CO.

No. 78-1309. Summary Calendar.

579 F.2d 890 (1978)

Jay Lee GIBSON, Plaintiff-Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 17, 1978.

Attorney(s) appearing for the Case

Jay Lee Gibson, pro se.

Clarence M. Small, Jr., Birmingham, Ala., Everett R. Scott, Jr., Lake Charles, La., James P. Simpson, Dallas, Tex., for Missouri Pacific Railroad Co.

Abner W. Sibal, Gary T. Brown, Joseph T. Eddins, Jr., Associate Gen., Beatrice Rosenberg, Asst. Gen. Counsel, E. E. O. C., Washington, D. C., for E. E. O. C.

Ross & Kraushaar, Harold A. Ross, Cleveland, Ohio, for Switchmen and Trainmen.

Before MORGAN, CLARK and TJOFLAT, Circuit Judges.

PER CURIAM:

On December 12, 1950, Jay Lee Gibson, then employed as an engineer for Missouri Pacific Railroad Co., was injured while in the course of his employment. He eventually recovered a jury award in an action against the Railroad under the Federal Employer's Liability Act, 45 U.S.C.A. § 51 et seq. On July 1, 1958, four months after this judgment was collected, Gibson sought full reinstatement. The Railroad's denial was carried through grievance procedures...

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