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LEDBETTER v. MISSOURI PACIFIC R. CO.

No. 12-99-00041-CV.

12 S.W.3d 139 (1999)

Barry R. LEDBETTER, Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY d/b/a Union Pacific Railroad Company, Appellee.

Court of Appeals of Texas, Tyler.

December 30, 1999.

Attorney(s) appearing for the Case

Douglas K. Rush, St. Louis, Mo., Charles Nichols, Palestine, for appellant.

Cathleen C. Herasimchuk, Kim Whittington, Houston, for appellee.

Panel consisted of RAMEY, Jr., C.J., HADDEN, J., and WORTHEN, J.

HADDEN, Justice.

Barry R. Ledbetter ("Ledbetter") sued his employer Missouri Pacific Railroad Company d/b/a Union Pacific Railroad Company ("Union Pacific") under the Federal Employer's Liability Act, 45 U.S.C.A. § 51 et seq. (West 1986), for alleged back injuries he suffered in two separate work-related accidents. The first accident occurred on October 9, 1993. The second occurred on September 25, 1995, when Ledbetter tripped over an air box cover in Union Pacific...

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