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MARSHALL v. GRAND TRUNK WESTERN R.R. CO.

Case No. 1:09-cv-754.

850 F.Supp.2d 686 (2011)

Wayne L. MARSHALL, Plaintiff, v. GRAND TRUNK WESTERN RAILROAD COMPANY, Defendant.

United States District Court, W.D. Michigan, Southern Division.

May 9, 2011.

Attorney(s) appearing for the Case

Laurence C. Acker , Robert E. Harrington, III , Robert B. Thompson , Harrington Thompson Acker & Harrington, Chicago, IL, for Plaintiff.

Mary C. O'Donnell , Gregory Clifton , Durkin McDonnell Clifton & O'Donnell PC, Detroit, MI, for Defendant.

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON FELA LIABILITY

PAUL L. MALONEY, Chief Judge.

INTRODUCTION

This is an action under the Federal Employers Liability Act, 45 U.S.C. § 51 et seq. ("FELA"), which the parties agree is plaintiff Wayne L. Marshall ("Marshall")'s sole remedy for on-duty injuries allegedly sustained during the course of his employment with defendant Grand...

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