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MICKLER v. NIMISHILLEN AND TUSCARAWAS RAILWAY CO.

Nos. 92-3740, 92-4047.

13 F.3d 184 (1993)

Thomas L. MICKLER, Plaintiff-Appellant, v. The NIMISHILLEN and TUSCARAWAS RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 23, 1993.

Attorney(s) appearing for the Case

Deborah P. Goshien (argued and briefed), Bernsteen & Bernsteen, Cleveland, OH, for plaintiff-appellant.

Richard S. Milligan (briefed), Philip E. Howes (argued and briefed), Thomas R. Himmelspach (briefed), Vogelgesang, Howes, Lindamood & Brunn, Canton, OH, for defendant-appellee.

Before: KENNEDY and NORRIS, Circuit Judges, and LIVELY, Senior Circuit Judge.

KENNEDY, Circuit Judge.

Plaintiff Thomas L. Mickler appeals the District Court's grant of summary judgment in favor of his employer, Nimishillen & Tuscarawas Railway Company (92-3740). Plaintiff also appeals a magistrate judge's order denying plaintiff's motion to vacate the summary judgment, to re-open discovery, and to indicate a willingness to accept remand of the case (92-4047). Plaintiff argues that the District Court erred in holding that defendant is not...

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