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McCALL v. CHESAPEAKE & OHIO RY. CO.

No. 86-1462.

844 F.2d 294 (1988)

Gerard W. McCALL, Plaintiff-Appellee, v. CHESAPEAKE & OHIO RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 4, 1988.

Order on Denial of Rehearing July 24, 1988.

Attorney(s) appearing for the Case

A.T. Lippert, Jr. (argued), Smith & Booker, P.C., Saginaw, Mich., for defendant-appellant.

Charles W. Palmer, Taylor, Mich., George R. Thompson (argued), Traverse City, Mich., for plaintiff-appellee.

Before: MERRITT, MARTIN and WELLFORD, Circuit Judges.

MERRITT, Circuit Judge.

The Chesapeake & Ohio Railway Company appeals a jury verdict awarding $328,000 to plaintiff Gerard W. McCall as damages for a violation of the Michigan Handicappers' Civil Rights Act, Mich.Comp.Laws Ann. § 37.1101 et seq. (1985).1 We hold that the Michigan statute required the jury to make the identical decision made by an arbitration board established pursuant to the Railway Labor Act, 45 U.S.C...

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