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PENROD v. BALTIMORE & OHIO RAILROAD COMPANY

No. 78AP-597.

64 Ohio App. 2d 216 (1979)

PENROD, APPELLANT, v. BALTIMORE & OHIO RAILROAD COMPANY, APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided March 6, 1979.

Attorney(s) appearing for the Case

Richards, Grieser & Schafer Co., L.P.A., and Mr. C. Richard Grieser, for appellant.

Messrs. Alexander, Ebinger, Holschuh, Fisher & McAlister and Mr. Patrick J. Smith, for appellee.

REILLY, J.

This is an appeal from a judgment of the Court of Common Pleas of Franklin County.

The complaint contains two claims within the Federal Employers' Liability Act for personal injury damages allegedly sustained by plaintiff-appellant, Stephen E. Penrod, by the negligence of defendant-appellee, Baltimore & Ohio Railroad Company. The trial court sustained appellee's motion to stay the action in a written decision, which reads as follows:

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