FAIRCHILD, Senior Circuit Judge.
Bernard Walden sustained injuries while acting in the scope of his employment as a brakeman for Illinois Central Gulf Railroad. Walden filed an action for personal injuries under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60. Prior to trial Walden moved for summary judgment on the issues of the railroad's negligence per se, liability and Walden's
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