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BORGER v. CSX TRANSPORTATION, INC.

No. 08-3685.

571 F.3d 559 (2009)

Robert BORGER, Sr.; Derrick J. Atkinson, Plaintiffs-Appellants, v. CSX TRANSPORTATION, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 8, 2009.

Attorney(s) appearing for the Case

ARGUED: Martin J. Holmes, Jr., Shindler, Neff, Holmes, Schlageter & Mohler, Toledo, Ohio, for Appellants. Dan Himmelfarb, Mayer Brown LLP, Washington, D.C., for Appellee. ON BRIEF: E.J. Leizerman, Michael Jay Leizerman, E.J. Leizerman & Associates, LLC, Toledo Ohio, for Appellants. Dan Himmelfarb, Evan Mark Tager, Mayer Brown LLP, Washington, D.C., James L. O'Connell, James F. Brockman, David E. Williamson, Lindhorst & Dreidame, Cincinnati, Ohio, for Appellee.

Before MARTIN, SUHRHEINRICH, and WHITE, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Railworkers Robert Borger and Derrick Atkinson sued CSX Transportation under the Federal Employers Liability Act, alleging injuries from exposure to hydrochloric acid fumes. For the reasons described below, we AFFIRM the district court's entry of summary judgment in CSX's favor.

I.

On June 21, 2004, Robert Borger, Sr. and Derrick J. Atkinson worked together as engineer and conductor on a CSX...

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