IN RE NORFOLK SOUTHERN RY. CO.

Nos. 09-2210, 09-2333.

592 F.3d 907 (2010)

In re NORFOLK SOUTHERN RAILWAY COMPANY, Petitioner. David Demay, Appellee, v. Norfolk Southern Railway Company, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 27, 2010.


Attorney(s) appearing for the Case

Kurt Edward Reitz, argued, Belleville, IL, James W. Erwin and Heath H. Hooks, on the brief, St. Louis, MO, for Appellant.

Steven Lee Groves, argued, William E. Kruse, on the brief, St. Louis, MO, for Appellee.

Before WOLLMAN, HANSEN, and SHEPHERD, Circuit Judges.


HANSEN, Circuit Judge.

David Demay, an employee of the Norfolk Southern Railway Company (Norfolk Southern), was injured while working in Norfolk, Virginia, at the Lamberts Point Coal Terminal (Lamberts Point). A Missouri resident, Demay filed a lawsuit against Norfolk Southern in Missouri state court under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51 to 60. Norfolk Southern removed the lawsuit to the United States District Court for the Eastern...

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