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  5. 649 S.E.2d 294 (2007)
 

JENKINS v. CSX TRANSP., INC.

No. 33179.

649 S.E.2d 294 (2007)

Gary JENKINS, Plaintiff Below, Appellant v. CSX TRANSPORTATION, INC., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided May 17, 2007.

Concurring Opinion of Justice Davis May 21, 2007.

Dissenting Opinion of Justice Starcher June 29, 2007.

Attorney(s) appearing for the Case

Robert F. Daley, Sharon A. Gould, Robert Pierce & Associates, P.C., Pittsburgh, PA, for Appellant.

James W. Turner, William H. Harkins, Jr., Huddleston Bolen, L.L.P., Huntington, for Appellee.

PER CURIAM:

This case is before this Court upon appeal of a final order of the Circuit Court of Ohio County entered on February 17, 2006. In that order, the court denied the motion of the appellant and plaintiff below, Gary Jenkins, for a new trial in this action filed pursuant to the Federal Employers' Liability Act (hereinafter "FELA"), 45 U.S.C. § 51, et seq., against the appellee and defendant below, CSX...

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