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BROWN v. CSX TRANSP., INC.

No. 1998-CA-000401-MR.

13 S.W.3d 631 (1999)

Michael BROWN, Appellant, v. CSX TRANSPORTATION, INC., Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court March 15, 2000.

Attorney(s) appearing for the Case

James W. Owens, Paducah, Kentucky, for appellant.

David R. Monohan, Rebecca L. Didat, Louisville, Kentucky, for appellee.

Before: BUCKINGHAM, EMBERTON and HUDDLESTON, Judges.

OPINION

EMBERTON, Judge:

Michael Brown appeals from the summary dismissal of his claim for damages under the Federal Employers' Liability Act, 45 U.S.C., sec. 51, et. seq. In granting appellee's motion for summary judgment, the trial judge concluded that based upon the undisputed facts Brown had failed to establish that he was employed by CSX for the purposes of FELA. We agree and affirm.

Brown was injured on July 14, 1993, while working...

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