Docket 97-7853.

140 F.3d 207 (1998)

Harold R. GADSDEN, Plaintiff-Appellant, v. PORT AUTHORITY TRANS-HUDSON CORPORATION, Defendant-Third-Party-Plaintiff-Appellee, Railroad Construction Co., Inc., Third-Party-Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 27, 1998.

Attorney(s) appearing for the Case

Lawrence Katz, Bala Cynwyd, PA (Joseph A. Coffey, Jr., Mitchell A. Kaye, Coffey & Kaye, Bala Cynwyd, PA, of counsel), for Plaintiff-Appellant.

Carlene V. McIntyre, New York City (Milton H. Pachter, Arthur P. Berg, Stephen E. Powell, New York City, of counsel), for Defendant-Third-Party-Plaintiff-Appellee.

Barry K. Myrvold, New York City (Philip B. Murphy, Hawkins, Feretic, Daly, Maroney & Hayes, P.C., New York City, of counsel), for Third-Party-Defendant-Counter-Claimant-Appellee.

Before: WINTER, Chief Judge, PARKER, Circuit Judge, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge:

Harold R. Gadsden brought this action under the Federal Employers' Liability Act, 45 U.S.C. § 51 ("FELA"), the Federal Safety Appliances Acts, 49 U.S.C. §§ 20301 et seq. ("SAA"), and the Federal Boiler Inspection Act, 45 U.S.C. § 23 ("FBIA").1 The United States District Court for the Southern District of New York (Batts, J.) granted the motion for summary judgment by appellees Port...

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