WOODEN v. MISSOURI PACIFIC R. CO.

No. 87-3799.

862 F.2d 560 (1989)

Irvin J. WOODEN, Plaintiff-Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 4, 1989.


Attorney(s) appearing for the Case

Rodney P. Vincent, Gary R. West, Gertler, Gertler & Vincent, New Orleans, La., for plaintiff-appellant.

William H. Howard, III, Alissa J. Allison, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., for defendant-appellee.

Before THORNBERRY, RUBIN, and HIGGINBOTHAM, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Irvin Wooden sued the Missouri Pacific Railroad Company pursuant to the Federal Employers Liability Act, 45 U.S.C. § 51 et seq. ("FELA"). Wooden alleged that he had contracted silicosis as a result of work he did for the Railroad, and that the Railroad had negligently failed to provide him with a respiratory mask. The trial judge directed a verdict for defendant, finding that Wooden had failed to present any evidence which...

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