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WEAVER v. MISSOURI PACIFIC R. CO.

No. 97-40784.

152 F.3d 427 (1998)

Richard K. WEAVER, Plaintiff-Appellee, v. MISSOURI PACIFIC RAILROAD COMPANY, Doing Business as Union Pacific Railroad Company; et al., Defendants, Missouri Pacific Railroad Company, Doing Business as Union Pacific Railroad Company; Union Pacific Railroad Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 21, 1998.

Attorney(s) appearing for the Case

Arthur Sadin, Richard L. Melancon, Friendswood, TX, for Plaintiff-Appellee.

Deborah A. Newman, Kathryn Lanigan Wieser, Phelps Dunbar, Houston, TX, for Defendants-Appellants.

Before JOLLY, SMITH and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily at issue is whether compliance with the Locomotive Inspection Act, 49 U.S.C. § 20701 et. seq. (LIA)(formerly the Boiler Inspection Act, 45 U.S.C. § 23 et seq.), and regulations promulgated thereto, regulating locomotive cabin conditions, precludes finding negligence under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq. Because the district court did not err in...

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