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MOORE v. CHESAPEAKE & O. RY. CO.

Nos. 80-1586, 80-1587.

649 F.2d 1004 (1981)

Sandra G. MOORE, Plaintiff, v. The CHESAPEAKE & OHIO RAILWAY COMPANY, a corporation, Appellee, v. ROLLYSON'S CATERING SERVICE, INC., a corporation, Appellant. Sandra G. MOORE, Appellee, v. The CHESAPEAKE AND OHIO RAILWAY COMPANY, a corporation, Appellant, v. ROLLYSON'S CATERING SERVICE, INC., a corporation, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided May 29, 1981.

Attorney(s) appearing for the Case

Norman Fenstermaker, Huntington, W.Va. (Jenkins, Fenstermaker, Krieger, Kayes & Farrell, Huntington, W.Va., on brief), for appellant in No. 1586.

Fred Adkins, Huntington, W.Va. (Donald G. Powers, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, W.Va., on brief), for appellee in No. 80-1586.

Norman Fenstermaker and Fred Adkins, Huntington, W.Va. (Jenkins, Fenstermaker, Krieger, Kayes & Farrell, Donald G. Powers, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, W.Va., on brief), for appellant in No. 1587.

Charles Collins, Roseville, Minn. (Donald L. Rudquist, Deparcq, Anderson, Perl, Hunegs & Rudquist, Minneapolis, Minn., Lawrence J. Lewis, Vinson, Meeker, Lewis, Peoples & Pettit, Huntington, W.Va., on brief), for appellee in No. 80-1587.

Before BUTZNER, PHILLIPS and MURNAGHAN, Circuit Judges.

MURNAGHAN, Circuit Judge:

Sandra G. Moore, a mail clerk employed by the Chesapeake and Ohio Railway Co. at its Huntington, West Virginia headquarters, was injured while eating lunch in a cafeteria located in the headquarters building and operated by Rollyson's Catering Service, Inc. The injury occurred when Moore slipped on a pat of butter as she carried her tray from the serving line to a condiment table. Although Moore did not fall, she twisted her back and spine...

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