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MIX v. DELAWARE AND HUDSON RAILWAY CO.

Docket No. 02-9200.

345 F.3d 82 (2003)

William S. MIX, Plaintiff-Appellant, v. DELAWARE AND HUDSON RAILWAY COMPANY, INC., d/b/a CP Rail System, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 23, 2003.

Attorney(s) appearing for the Case

Gerard J. Martillotti, Davis & Martillotti, P.C. (Stephanie A. Gahagan, on the brief), Philadelphia, PA for Plaintiff-Appellant.

Scott A. Barbour, McNamee, Lochner, Titus & Williams, P.C. (Francis J. Smith, on the brief), Albany, N.Y. for Defendant-Appellee.

Before: WALKER, Chief Judge, and STRAUB and POOLER, Circuit Judges.

POOLER, Circuit Judge.

On June 28, 2000, William S. Mix ("Mix") filed an action against his employer, the Delaware and Hudson Railway Company, Inc., d/b/a CP Rail System ("D & H Railway"), pursuant to the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq., for hearing loss he allegedly suffered during the course of his employment, between September 1973 and April 2000. The United States District Court for the Northern District of New York (Norman...

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