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O'BYRNE v. ST. LOUIS SOUTHWESTERN RY. CO.

No. 79-2626.

632 F.2d 1285 (1980)

Michael O'BYRNE, Plaintiff-Appellant, v. ST. LOUIS SOUTHWESTERN RAILWAY CO., Defendant-Third Party Plaintiff-Appellant, v. UNION TANK CAR CO., Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

December 18, 1980.

Attorney(s) appearing for the Case

Mike A. Hatchell, Tyler, Tex., for plaintiff-appellant.

Jones, Jones & Baldwin, Doyle Curry, Marshall, Tex., for Michael O'Byrne.

Herbert Boyland, Mark McMahon, Longview, Tex., for Union Tank Car Co.

Before INGRAHAM, GEE and TATE, Circuit Judges.

PER CURIAM:

Cases decided here and above since trial of this cause doom plaintiff-appellee's attempt to preserve a substantial recovery in this Federal Employer's liability action. We remand for a new trial on damages alone.

Appellee O'Byrne was injured when he fell from a tank car while working as a switchman for appellant railway. He brought an FELA action, and the railway joined Union Tank Car Company as a third party defendant.

At the conclusion...

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