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PHILLIPS v. CSX TRANSP., INC.

Nos. 97-2669, 97-2750.

190 F.3d 285 (1999)

Jeffrey D. PHILLIPS, Plaintiff-Appellant, v. CSX TRANSPORTATION, INCORPORATED, Defendant-Appellee, and CSX Transportation, Incorporated, Defendant & Third Party Plaintiff, and Procor Alberta, Incorporated; Falconbridge, Limited; Union Tank Car Company, Third Party Defendants. Jeffrey D. Phillips, Plaintiff-Appellee, v. CSX Transportation, Incorporated, Defendant-Appellant, and CSX Transportation, Incorporated, Defendant & Third Party Plaintiff, and Procor Alberta, Incorporated; Falconbridge, Limited; Union Tank Car Company, Third Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 3, 1999.

Attorney(s) appearing for the Case

ARGUED: Earl Stanley Murphy, Moody, Strople & Kloeppel, Inc., Portsmouth, Virginia, for Appellant. Stephen Bennett Caplis, Whiteford, Taylor & Preston, L.L.P., Baltimore, Maryland, for Appellee. ON BRIEF: William J. Moody, Jr., Moody, Strople & Kloeppel, Inc., Portsmouth, Virginia, for Appellant. Eric R. Harlan, Whiteford, Taylor & Preston, L.L.P., Baltimore, Maryland, for Appellee.

Before NIEMEYER and WILLIAMS, Circuit Judges, and SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation.

Reversed by published per curiam opinion.

OPINION

PER CURIAM:

This case involves a suit under the Federal Employer's Liability Act ("FELA"), 45 U.S.C. §§ 51-60, based on a violation of the Federal Safety Appliance Act ("FSAA"), 49 U.S.C. §§ 20301-06. The district court granted summary judgment in favor of Jeffrey Phillips, holding that CSX Transportation violated the FSAA and was strictly liable for the injury that Phillips sustained...

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