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PORT TERMINAL R. ASS'N v. SIMS

No. 01-83-0457-CV.

671 S.W.2d 575 (1984)

PORT TERMINAL RAILROAD ASSOCIATION, Appellant, v. Roy W. SIMS, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied May 17, 1984.

Attorney(s) appearing for the Case

Gordon Holloway, Sewell & Riggs, Houston, for appellant.

Tom R. Letbetter, Garrett, Letbetter & Payne, Houston, for appellee.

Before TOM L. COLEMAN, Sr., Chief Justice (Retired), and DOYLE and COHEN, JJ.

OPINION

TOM L. COLEMAN, Sr., Chief Justice (Retired).

Roy W. Sims, appellee, brought suit under the Federal Employers' Liability Act (hereinafter referred to as FELA), for personal injuries sustained while working for Port Terminal Railroad Association, Appellant. The accident occurred on April 30, 1981, when two railroad cars crashed into an engine where Sims was sitting, eating his lunch. The following day Sims was discharged for insubordination.

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