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JONES v. CSX TRANSP.

Nos. 01-14786, 01-14787.

287 F.3d 1341 (2002)

Benjamin D. JONES, Plaintiff-Appellant, v. CSX TRANSPORTATION, Defendant-Appellee. James Emery O'Steen, Plaintiff-Appellant, v. CSX Transportation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 11, 2002.

Attorney(s) appearing for the Case

Mark Joseph Bujold, Lane & Gossett, P.C., Brunswick, GA, for Plaintiffs-Appellants.

Randall A. Jordan, Mary Helen Moses, Steven P. Bristol, Jordan, Bristol & Moses, St. Simons Island, GA, for Defendant-Appellee.

Richard B. North, Jr., Nelson, Mullins, Riley & Scarborough, LLP, Atlanta, GA, for Amicus Curiae.

Before TJOFLAT and COX, Circuit Judges, and HANCOCK, District Judge.

COX, Circuit Judge:

Benjamin D. Jones and James Emery O'Steen ("the plaintiffs") sued CSX Transportation, Inc. under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. § 51 et seq., for personal injuries allegedly sustained as a result of their exposure to asbestos. The district court entered partial summary judgment in favor of CSX on the plaintiffs' claims for emotional distress damages based on their fear of contracting cancer. The district court...

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