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KICHLINE v. CONSOLIDATED RAIL CORP.

No. 85-1733.

800 F.2d 356 (1986)

Dale R. KICHLINE, Appellant, v. CONSOLIDATED RAIL CORPORATION, Appellee.

United States Court of Appeals, Third Circuit.

Decided September 11, 1986.

Attorney(s) appearing for the Case

Barbara J. Rudquist (argued), DeParcq, Perl, Hunegs, Rudquist & Koenig, P.A., Minneapolis, Minn., Frederick N. Dorfman, Farage & McBride, Philadelphia, Pa., for appellant.

Jonathan F. Altman, (argued), Consolidated Rail Corp., Philadelphia, Pa., for appellee.

Before GIBBONS, WEIS, and SLOVITER, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this FELA case, plaintiff filed suit more than three years after learning that his pulmonary disease had been aggravated by exposure to diesel fumes in the work place. He continued to work even though he was aware of the harmful effect of the fumes. He alleges that the cause of action did not accrue until his retirement when exposure to the harmful substance ceased. The district court concluded the suit was time...

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