KESTNER v. MISSOURI PACIFIC R. CO.

No. 56808.

785 S.W.2d 646 (1990)

Joseph E. KESTNER, Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied March 7, 1990.

Application to Transfer Denied April 17, 1990.


Attorney(s) appearing for the Case

Robert F. Ritter, Marina Jane Matoesian, St. Louis, and C.H. Parsons, Jr., Dexter, for appellant.

Michael D. O'Keefe, Thomas R. Jayne, and John J. Carey, St. Louis, for respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied March 7, 1990.

CRIST, Judge.

Appellant (plaintiff) appeals a summary judgment in favor of respondent (railroad) in a Federal Employer's Liability Act case. 45 U.S.C. § 51 et seq. (FELA). The trial court found the three-year statute of limitations governing FELA barred plaintiff's cause of action. We find there was a question of fact as to whether the three-year statute of limitations...

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