LOWDEN v. ATCHISON TOPEKA AND SANTA FE RY.

No. 90-15859.

937 F.2d 491 (1991)

Clayton R. LOWDEN, Plaintiff-Appellant, v. The ATCHISON TOPEKA AND SANTA FE RAILWAY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 1, 1991.


Attorney(s) appearing for the Case

Charlotte E. Costan, Burbank, Cal., for plaintiff-appellant.

William L. Thorpe, Phoenix, Ariz., for defendant-appellee.

Before GOODWIN, BEEZER and NOONAN, Circuit Judges.


GOODWIN, Circuit Judge:

Plaintiff sued his railroad employer for damages under the Federal Employers Liability Act (FELA). He appeals a summary judgment in favor of the railroad. We conclude that triable issues of fact require a remand for further proceedings.

Plaintiff came to the workplace after an unexplained absence, smelling of alcohol. His superior suspended him for violating company rules. Plaintiff left the office, and after a time interval of uncertain...

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