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POTTHAST v. METRO-NORTH RAILROAD CO.

Docket No. 03-9008.

400 F.3d 143 (2005)

Edward POTTHAST, Plaintiff-Appellant, v. METRO-NORTH RAILROAD CO., Defendant-Third-Party-Plaintiff-Cross-Defendant-Appellee, Herman Miller, Inc., Third -Party-Defendant-Cross-Claimant-Cross-Defendant, Business Furniture, Inc., Third-Party-Defendant-Cross-Defendant-Cross-Claimant.

United States Court of Appeals, Second Circuit.

Decided: March 7, 2005.

Attorney(s) appearing for the Case

Ira M. Maurer, Cahill & Goetsch, P.C., Croton on Hudson, NY, for Plaintiff-Appellant.

James M. Woolsey (William G. Ballaine and Sophia Ree, on the brief), Landman Corsi Ballaine & Ford P.C., New York, NY, for Defendant-Appellee.

Before: OAKES, KEARSE, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge.

Plaintiff Edward Potthast ("Potthast" or "plaintiff") appeals from a judgment in the United States District Court for the Southern District, George A. Yanthis, Magistrate Judge, entered after a jury verdict for the defendant Metro-North Railroad Company ("Metro-North" or "defendant") on Potthast's Federal Employers' Liability Act claim under 45 U.S.C. § 51 et seq. ("FELA"). On appeal, Potthast argues that the district court...

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