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LEADBEATER v. PORT AUTHORITY TRANS-HUDSON CORP.

Nos. 88-5372, 88-5375.

873 F.2d 45 (1989)

John LEADBEATER, Appellant, v. PORT AUTHORITY TRANS-HUDSON CORPORATION. Leonardo BENITEZ v. PORT AUTHORITY TRANS-HUDSON CORPORATION. Appeal of Leonardo BENITEZ.

United States Court of Appeals, Third Circuit.

Decided April 24, 1989.

Rehearing and Rehearing Denied May 30, 1989.

Attorney(s) appearing for the Case

Marvin I. Barish (Argued), William Keff Doak, Marvin I. Barish Law Offices, Philadelphia, Pa., for appellants.

Donald F. Burke (Argued), Hugh H. Welsh, Jersey City, N.J., for appellees.

Before SEITZ, STAPLETON and COWEN, Circuit Judges.

Rehearing and Rehearing In Banc Denied May 30, 1989.

OPINION OF THE COURT

SEITZ, Circuit Judge.

I.

Plaintiffs John Leadbeater and Leonardo Benitez brought these actions against defendant Port Authority Trans-Hudson Corporation (P.A.T.H.), a commuter railroad, under the Federal Employers' Liability Act (F.E.L.A.), 45 U.S.C. §§ 51-58 (1982). The district court dismissed both cases, holding them barred by the eleventh amendment to...

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