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MOSCO v. BALTIMORE & OHIO R.R.

No. 86-2037.

817 F.2d 1088 (1987)

Lee A. MOSCO, Jr., Plaintiff-Appellant, v. BALTIMORE & OHIO RAILROAD, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 21, 1987.

Attorney(s) appearing for the Case

Lawrence A. Katz (Joseph A. Coffey, Jr., Bala Cynwyd, Pa., on brief), for plaintiff-appellant.

Ranson J. Davis (H. Russell Smouse, Nancy S. Allen, C. Keith Meiser, Melnicove, Kaufman, Weiner, Smouse & Garbis, P.A., Baltimore, Md., on brief), for defendant-appellee.

Before PHILLIPS and ERVIN, Circuit Judges, and MERHIGE, Senior District Judge for the Eastern District of Virginia, sitting by designation.

ERVIN, Circuit Judge:

Plaintiff Lee A. Mosco, Jr., appeals from a judgment entered in favor of defendant Baltimore & Ohio Railroad ("B & O") in this case involving claims under the Federal Boiler Inspection Act, 45 U.S.C. § 23 (1982), and the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51 et seq. (1982). Although we do not entirely agree with the reasoning of the district court, we affirm the judgment for the B & O for...

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