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McCOY v. UNION PACIFIC RAILROAD CO.

A8610-06049; CA A50380.

796 P.2d 646 (1990)

102 Or.App. 620

Gerald R. McCoy, Appellant-Cross-Respondent, v. UNION PACIFIC RAILROAD COMPANY, a Corporation, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

August 1, 1990.

Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for appellant-cross-respondent. With him on the briefs were Miller, Nash, Wiener, Hager & Carlsen, Portland, and Thomas M. Schneiger and Bricker, Zakovics & Querin, P.C., Portland.

Thomas W. Brown, Portland, argued the cause for respondent-cross-appellant. With him on the briefs was Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiff appeals from the judgment in this personal injury action under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51 et seq, assigning error to the trial court's granting, in part, defendant's motion for summary judgment. Defendant cross-appeals, assigning error to the court's failure to grant its motion for summary judgment in its entirety.

Plaintiff filed his complaint on October 8, 1986, alleging...

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