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STOWERS v. CONSOLIDATED RAIL CORP.

No. 92-3177.

985 F.2d 292 (1993)

George R. STOWERS, Plaintiff-Appellant, v. CONSOLIDATED RAIL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 8, 1993.

Rehearing and Rehearing Denied April 6, 1993.

Attorney(s) appearing for the Case

Joel Levin, Marshall I. Nurenberg (argued and briefed), Nurenberg, Plevin, Heller & McCarthy, Cleveland, OH, for plaintiff-appellant.

William F. Gibson (argued and briefed), Gallagher, Sharp, Fulton & Norman, Cleveland, OH, for defendant-appellee.

Before: JONES and RYAN, Circuit Judges; and BROWN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied April 6, 1993.

RYAN, Circuit Judge.

Plaintiff George R. Stowers appeals the district court's grant of summary judgment for defendant Consolidated Rail (ConRail) in this negligence action brought under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51 et seq. The district court ordered summary judgment on the ground that the action is not within the district court's subject matter jurisdiction...

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