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ARTIS v. NORFOLK & WESTERN RY. CO.

Nos. 96-2677, 96-2678.

204 F.3d 141 (2000)

Zeb ARTIS, Petitioner, v. NORFOLK & WESTERN RAILWAY COMPANY; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. Norfolk & Western Railway Company, Petitioner, v. Zeb Artis; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: February 22, 2000

Attorney(s) appearing for the Case

ARGUED: Robert Elliott Walsh, Rutter & Montagna, L.L.P., Norfolk, Virginia, for Petitioner. Joan F. Martin, Williams, Kelly & Greer, P.C., Norfolk, Virginia, for Respondents. ON BRIEF: Matthew H. Kraft, Rutter & Montagna, L.L.P., Norfolk, Virginia, for Petitioner.

Before WIDENER and MICHAEL, Circuit Judges, and THORNBURG, United States District Judge for the Western District of North Carolina, sitting by designation.

The petition of Artis is denied, the petition of Norfolk and Western Railway is granted, and the order of the Board is reversed and the case remanded by published opinion. Judge WIDENER wrote the majority opinion, in which Judge THORNBURG joined. Judge MICHAEL wrote a dissenting opinion.

OPINION

WIDENER, Circuit Judge:

The claimant, Zeb Artis, Jr., worked as a brakeman at the Norfolk & Western Railway Company's Barney Yard at Lambert's Point...

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