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CSX TRANSP., INC. v. HOWELL

No. A08A2172.

675 S.E.2d 306 (2009)

CSX TRANSPORTATION, INC. v. HOWELL et al.

Court of Appeals of Georgia.

March 12, 2009.

Attorney(s) appearing for the Case

Casey, Gilson & Williams, James E, Gilson, Sandra Gray, Atlanta, for appellant.

Warshauer, Poe & Thornton, Michael J. Warshauer, Atlanta, for appellee.

ADAMS, Judge.

We granted CSX Transportation, Inc.'s (CSXT) application seeking interlocutory review of the trial court's order denying its motion for reconsideration of an order denying summary judgment. At issue in this appeal is whether judicial estoppel bars this action which was filed under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. (FELA) in the State Court of Fulton County; resolution of that issue in this particular case turns on whether...

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