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WILCOX v. CLINCHFIELD R. CO.

No. 83-5489.

747 F.2d 1059 (1984)

Jim WILCOX, Plaintiff-Appellant, v. CLINCHFIELD RAILROAD COMPANY and International Mineral and Chemical Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 5, 1984.

Rehearing and Rehearing Denied December 21, 1984.

Attorney(s) appearing for the Case

Gary L. Goldstein (Lead) (argued), Howell H. Sherrod, Jr., Sherrod, Stanley & Goldstein, Johnson City, Tenn., for plaintiff-appellant.

Ferdinand Powell, Jr., Johnson City, Tenn., Thomas J. Seeley, Jr. (Lead) (argued), Erwin, Tenn., for Clinchfield R. Co.

William C. Bovender (Lead) (argued), Edwin L. Treadway, Kingsport, Tenn., for Int'l Chemical.

Before EDWARDS and KEITH, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied December 21, 1984.

GEORGE CLIFTON EDWARDS, Jr., Circuit Judge.

Plaintiff Wilcox filed the instant actions seeking recovery for injuries he suffered in a fall on June 17, 1980, while climbing off a railroad car owned by defendant Clinchfield Railroad Company. At the time he was a brakeman employed by Clinchfield. The accident occurred on property owned by defendant International Mineral and Chemical Corporation (IMC)....

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