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McKINNEY v. CSX TRANSPORTATION, INC.

1298

298 S.C. 47 (1989)

378 S.E.2d 69

J. LaMar McKINNEY, Appellant v. CSX TRANSPORTATION, INC., formerly Seaboard System Railroad, Inc., Larry Cunningham and Linda Thomas, Defendants, of whom CSX Transportation, Inc. is Respondent.

Court of Appeals of South Carolina.

Decided March 6, 1989.

Attorney(s) appearing for the Case

James W. Alford, of Barnes, Alford, Stork & Johnson, Columbia, for appellant.

Julius W. McKay, of Haynsworth, Marion, McKay & Guerard, Columbia, for respondent.

Heard Jan. 25, 1989.

Decided March 6, 1989.

GOOLSBY, Judge:

This action arises under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51 et seq. (1982). The appellant, J. LaMar McKinney, filed the present action against the respondent, CSX Transportation, Inc., and other defendants, after having taken a voluntary dismissal without prejudice in an earlier suit filed against the same...

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