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KELLY v. PITTSBURGH & CONNEAUT DOCK CO.

No. 89-3263.

900 F.2d 89 (1990)

Herbert A. KELLY, Plaintiff-Appellant, v. PITTSBURGH & CONNEAUT DOCK COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 10, 1990.

Attorney(s) appearing for the Case

Donald Cybulski, argued, Cleveland, Ohio, for plaintiff-appellant.

Richard Gurbst, argued, Kimberly M. Oreh, Squire, Sanders & Dempsey, Cleveland, Ohio, for defendant-appellee.

Before KRUPANSKY and RYAN, Circuit Judges, and CHURCHILL, District Judge.

RYAN, Circuit Judge.

Plaintiff Herbert A. Kelly appeals the district court's order granting defendant's motion for judgment on the pleadings which the court treated, however, as a motion for summary judgment, Fed.R.Civ.P. 12(c). The plaintiff sought damages under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq., for injuries suffered in the course of his employment. The district court held that plaintiff is foreclosed from recovering...

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