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SHEEHY v. SOUTHERN PAC. TRANSP. CO.

No. 78-2814.

631 F.2d 649 (1980)

Edward G. SHEEHY, Plaintiff-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION CO., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 3, 1980.

Attorney(s) appearing for the Case

Sam Rosenwein, Daniel C. Olney, Los Angeles, Cal., argued, for plaintiff-appellant; Olney, Levy, Kaplan & Tenner, Los Angeles, Cal., on brief.

Joseph Cummins, Cummins, White & Breidenbach, Los Angeles, Cal., for defendant-appellee.

Before KENNEDY, SKOPIL and POOLE, Circuit Judges.

SKOPIL, Circuit Judge:

INTRODUCTION

This action was filed under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq., and under the Federal Safety Appliance Act (FSAA), 45 U.S.C. §§ 1-21. The district court withdrew the FSAA action from jury consideration. The jury found against the plaintiff on the FELA action.

Two questions are presented on appeal: (1) whether the trial court...

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