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NORFOLK AND WESTERN RY. CO. v. TSAPIS

No. 19788.

400 S.E.2d 239 (1990)

NORFOLK AND WESTERN RAILWAY COMPANY, a Corporation v. Honorable Callie TSAPIS, Judge of the Circuit Court of Brooke County.

Supreme Court of Appeals of West Virginia.

December 6, 1990.

Attorney(s) appearing for the Case

Fred Adkins and Luke A. Lafferre, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, for Norfolk & Western Ry. Co.

Jay T. McCamic, McCamic & McCamic, Wheeling, for Honorable Callie Tsapis.

MILLER, Justice:

In this original proceeding in prohibition, we are asked to reconsider that portion of our holding in Gardner v. Norfolk & Western Railway Co., ___ W.Va. ___, 372 S.E.2d 786 (1988), cert. denied, 489 U.S. 1016, 109 S.Ct. 1132, 103 L.Ed.2d 193 (1989), in which we declined to apply the doctrine of forum non conveniens to cases brought under the Federal Employers' Liability Act (FELA), 45 U...

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