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CROWTHER v. CONSOLIDATED RAIL CORP.

No. 11-1578.

680 F.3d 95 (2012)

Geoffrey CROWTHER, Plaintiff, Appellant, v. CONSOLIDATED RAIL CORPORATION and CSX Transportation, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 18, 2012.

Attorney(s) appearing for the Case

Thomas J. Joyce, III for appellant.

Andrew E. Tauber , with whom Paul W. Hughes , Mayer Brown LLP, Michael B. Flynn , Heather M. Gamache , and Flynn & Wirkus, PC were on brief, for appellees.

Before SELYA, Circuit Judge, SOUTER, Associate Justice, and LIPEZ, Circuit Judge.

SOUTER, Associate Justice.

This is an appeal brought in consolidated negligence actions under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq., against the two rail-road defendants by a former employee, Geoffrey Crowther, who held various laboring and supervisory positions over the course of 30 years. The claims in issue before us are for causing cumulative, or wear-out, injuries to the neck, knees, left elbow and thumb, and for accidental...

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