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VAN GORDER v. GRAND TRUNK WESTERN R.R., INC.

No. 06-2451.

509 F.3d 265 (2007)

Elmer VAN GORDER, Plaintiff-Appellant, v. GRAND TRUNK WESTERN RAILROAD, INC., a division of Canadian National, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 11, 2007.

Attorney(s) appearing for the Case

ARGUED: Steven L. Kantor, Kantor & Godwin, Williamsville, New York, for Appellant. Richard A. Dietz, Foster, Meadows & Ballard, Detroit, Michigan, for Appellee. ON BRIEF: Steven L. Kantor, Kantor & Godwin, Williamsville, New York, for Appellant. Richard A. Dietz, Foster, Meadows & Ballard, Detroit, Michigan, for Appellee.

Before BATCHELDER and GILMAN, Circuit Judges; VARLAN, District Judge.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

Plaintiff-Appellant Elmer Van Gorder ("Van Gorder") appeals the district court's order granting summary judgment in favor of Defendant-Appellee Grand Trunk Western Railroad ("Grand Trunk") in this negligence action filed pursuant to the Federal Employer's Liability Act ("FELA"), 45 U.S.C. § 51, et seq. Van Gorder claims that the district court erred in finding...

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