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FASHAUER v. NEW JERSEY TRANSIT RAIL OPERATIONS

No. 94-5523.

57 F.3d 1269 (1995)

Thomas FASHAUER, Jr., Appellant, v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC.

United States Court of Appeals, Third Circuit.

Decided June 29, 1995.

Sur Petition For Rehearing August 1, 1995.

Attorney(s) appearing for the Case

Marvin I. Barish (argued), Marvin I. Barish Law Offices, Philadelphia, PA, for appellant.

Cheryl A. Maccaroni and Joanne Stipick (argued), Deputy Attys. Gen., Trenton, NJ, for appellee.

Before: GREENBERG, ROTH and ALDISERT, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. Introduction, Factual Background and Procedural History

This appeal arises in a Federal Employers' Liability Act (FELA) case in which the employer is New Jersey Transit Rail Operations, Inc. To understand the germane facts one must in the first instance know a bit about New Jersey Transit train design. On New Jersey Transit trains, or at least on the one involved here, cars are connected to each...

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