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PERSINGER v. NORFOLK & WESTERN RY. CO.

No. 89-2223.

920 F.2d 1185 (1990)

Dennis PERSINGER, Plaintiff-Appellant, v. NORFOLK & WESTERN RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 10, 1990.

Attorney(s) appearing for the Case

Michael B. Michelson, Gaines & Stern Co., Cleveland, Ohio (Michael J. Rogan, Gaines & Stern Co., Cleveland, Ohio, Dennis P. Brumberg, Lutins & Shapiro, Roanoke, Va., on the brief), for plaintiff-appellant.

William Beverly Poff, Woods, Rogers & Hazlegrove, Roanoke, Va. (Kevin P. Oddo, Thomas A. Leggette, Woods, Rogers & Hazlegrove, Roanoke, Va., on the brief), for defendant-appellee.

Before ERVIN, Chief Judge, CHAPMAN, Circuit Judge, and MERHIGE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

CHAPMAN, Circuit Judge:

Plaintiff-appellant Dennis Persinger ("Persinger") sued his former employer, defendant-appellee Norfolk & Western Railway Company ("Norfolk & Western"), for violations of the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51-60 (1988), in the District Court for the Western District of Virginia. After a four-day trial, the jury returned a verdict for Persinger in the amount of $250,000. Norfolk & Western then moved...

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