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VOGELSANG v. WESTERN MARYLAND RY. CO.

No. 81-1632.

670 F.2d 1347 (1982)

Leo T. VOGELSANG, Appellant, v. WESTERN MARYLAND RAILWAY COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 10, 1982.

Attorney(s) appearing for the Case

C. Richard Grieser, Columbus, Ohio (Grieser, Schafer, Blumenstiel & Slane Co., L.P.A., Columbus, Ohio, William P. Baker, Baker & Baker, Baltimore, Md., on brief), for appellant.

Ransom J. Davis, Baltimore, Md. (H. Russell Smouse, Melnicove, Kaufman, Weiner & Smouse, P.A., Baltimore, Md., on brief), for appellee.

Before BUTZNER, WIDENER and PHILLIPS, Circuit Judges.

PER CURIAM:

Leo Vogelsang appeals the dismissal of his claim under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq., against his employer, the Western Maryland Railway Company, for damages resulting from a work-related injury. Vogelsang and the Railway stipulated the operative facts and the district court, treating the Railway's motion to dismiss as one for summary judgment under Fed.R.Civ.P. 12(b), held Vogelsang's exclusive remedy to be under...

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