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SELSER v. PACIFIC MOTOR TRUCKING CO.

No. 85-3018 Summary Calendar.

770 F.2d 551 (1985)

Charles T. SELSER, Plaintiff-Appellant, v. PACIFIC MOTOR TRUCKING CO., and Southern Pacific Transportation Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 13, 1985.

Attorney(s) appearing for the Case

William P. Rutledge, New Orleans, La., for plaintiff-appellant.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Harry S. Hardin, III, Richard J. Tyler, New Orleans, La., for defendants-appellees.

Before POLITZ, GARWOOD and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This case is an appeal from a grant of summary judgment against the appellant Selser on his FELA claim. Selser is employed as a truck driver by Pacific Motor Trucking Company, a wholly owned subsidiary of Southern Pacific Transportation Company which does business as a railroad. Because Selser failed to raise a genuine issue of material fact as to whether his employer, PMT, and PMT's parent company, Southern, illegally intended to exempt...

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