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GOTTSHALL v. CONSOLIDATED RAIL CORP.

No. 91-1926.

988 F.2d 355 (1993)

James E. GOTTSHALL, Appellant, v. CONSOLIDATED RAIL CORPORATION.

United States Court of Appeals, Third Circuit.

Decided February 8, 1993.

Sur Petition for Rehearing Denied March 11, 1993.

Attorney(s) appearing for the Case

John J. O'Brien, Jr. (argued), G. Sander Davis & Associates, Philadelphia, PA, for appellant.

David S. Morgan (argued), Gallagher, Wheeler, Reilly & Lachat, Philadelphia, PA, for appellee.

Before: BECKER, NYGAARD and ROTH, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

James E. Gottshall appeals from a summary judgment in favor of Consolidated Rail Corporation in this action under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq. In the context of the facts that follow, we will examine whether FELA recognizes negligent infliction of emotional distress as a basis for liability, and if so, define the contours of...

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