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SLOAS v. CSX TRANSP., INC.

Nos. 09-1249, 09-1288.

616 F.3d 380 (2010)

Michael D. SLOAS, Plaintiff-Appellee, v. CSX TRANSPORTATION, INCORPORATED, a corporation, Defendant-Appellant. Association of American Railroads, Amicus Supporting Appellant. Michael D. Sloas, Plaintiff-Appellant, v. CSX Transportation, Incorporated, a corporation, Defendant-Appellee. Association of American Railroads, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 26, 2010.

Attorney(s) appearing for the Case

ARGUED: Andrew E. Tauber, Mayer Brown, LLP, Washington, D.C., for Appellant/Cross-Appellee. William A. Kvas, Hunegs, Leneave & Kvas, PA, Minneapolis, Minnesota, for Appellee/Cross-Appellant. ON BRIEF: Melissa Foster Bird, Huddleston Bolen LLP, Huntington, West Virginia, for Appellant/Cross-Appellee. W. Michael Frazier, Frazier & Oxley, L.C., Huntington, West Virginia, for Appellee/Cross-Appellant. Louis P. Warchot, Daniel Saphire, Washington, D.C., for Association of American Railroads, Amicus Supporting Appellant/Cross-Appellee.

Affirmed by published opinion. Judge AGEE wrote the opinion, in which Chief Judge TRAXLER and Judge NIEMEYER joined.

OPINION

AGEE, Circuit Judge:

Michael Sloas, a sheetmetal worker employed by CSX Transportation, Inc. ("CSXT"), injured his back while attempting to remove a damaged Snyder valve from a locomotive's fuel tank. Subsequently, Sloas applied for and received a disability annuity under the Railroad Retirement Act ("RRA"). See 45 U.S.C. § 231 et seq. Sloas also sued CSXT for negligence under the Federal...

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