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POLETO v. CONSOLIDATED RAIL CORP.

Nos. 86-5249, 86-5250.

826 F.2d 1270 (1987)

Charles E. POLETO, Appellee/Cross-Appellant, v. CONSOLIDATED RAIL CORPORATION, Appellant/Cross-Appellee, v. HAMMERMILL PAPER COMPANY v. A.E. STALEY MANUFACTURING CO. and the Baltimore & Ohio Railroad Company.

United States Court of Appeals, Third Circuit.

Decided August 19, 1987.

Attorney(s) appearing for the Case

Michael B. Michelson (argued) and Michael J. Rogan, Gaines & Stern Co., L.P.A., Cleveland, Ohio, Charles W. Rubendall, Wayne M. Pecht and Heath L. Allen, Keefer, Wood, Allen & Rahal, Harrisburg, Pa., for appellee/cross appellant Charles E. Poleto.

David C. Eaton (argued) and Craig J. Staudenmaier (argued), Nauman, Smith, Shissler & Hall, Harrisburg, Pa., for appellant/cross appellee Consol. Rail Corp.

Before HIGGINBOTHAM and BECKER, Circuit Judges, and DUMBAULD, District Judge.

OPINION OF THE COURT

EDWARD R. BECKER, Circuit Judge.

These are cross-appeals from a personal injury judgment in favor of Charles E. Poleto, an employee of Consolidated Rail Corp. ("Conrail"), in a case involving the Federal Employer's Liability Act (FELA) accompanied by pendent state claims. The appeals present three interesting and important questions. First, should prejudgment interest be awarded in FELA...

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