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MORENO v. CONSOLIDATED RAIL CORP.

Nos. 94-1231, 94-1247.

99 F.3d 782 (1996)

Charles MORENO, Plaintiff-Appellant, Cross-Appellee, v. CONSOLIDATED RAIL CORPORATION, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 4, 1996.

Attorney(s) appearing for the Case

Michael D. Burwell (reargued and rebriefed), William T. Nahikian, Burwell & Nahikian, Bloomfield Hills, MI, for Charles Moreno.

Robert C. Ludolph (reargued and rebriefed), Judith E. Caliman, Pepper, Hamilton & Scheetz, Detroit, MI, for Consolidated Rail Corp.

Before: MARTIN, Chief Judge; MERRITT, KENNEDY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE, and COLE, Circuit Judges.

NELSON, J., delivered the opinion of the court, in which MERRITT, KENNEDY, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER and COLE, JJ., joined. RYAN, J. (p. 793), delivered a separate concurring opinion. MARTIN, C.J. (p. 793), and DAUGHTREY, J. (pp. 793-95), delivered separate opinions concurring in part and dissenting in part, with Chief Judge MARTIN and Judge MOORE also joining in Judge DAUGHTREY's opinion.

DAVID A. NELSON...

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