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BISHOP v. SOUTHRAIL CORP.

1901101.

595 So.2d 857 (1992)

Sylvester BISHOP v. SOUTHRAIL CORPORATION and MidSouth Corporation.

Supreme Court of Alabama.

Rehearing Denied February 28, 1992.

Attorney(s) appearing for the Case

Julia McCain Lampkin Asam, Northport, for appellant.

Steven F. Casey and Stephen E. Whitehead of Balch & Bingham, Birmingham, and John H. Holloman III and Stuart G. Kruger of Watkins Ludlam & Stennis, Jackson, Miss., for appellees.

ALMON, Justice.

This appeal is from a summary judgment for the defendants in an action filed under the Federal Employers' Liability Act ("the FELA"). The summary judgment was entered on the basis of res judicata, but the plaintiff argues that the defendants had not filed an answer and so had not raised the affirmative defense of res judicata.

Sylvester Bishop filed this action against SouthRail Corporation, MidSouth Corporation, and Erwin Townsend...

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