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TEMPLE v. SOUTHERN PAC. TRANSPORTATION CO.

Docket No. 45649.

105 Cal.App.3d 988 (1980)

164 Cal. Rptr. 780

CHARLES PHILLIP TEMPLE, Plaintiff and Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Defendant and Respondent.

Court of Appeals of California, First District, Division One.

May 22, 1980.

Attorney(s) appearing for the Case

COUNSEL

Duenow, Burke & Smith and Christopher A. Helenius for Plaintiff and Appellant.

Pohle, Barry & Russell and William H. Pohle, Jr., for Defendant and Respondent.

OPINION

ELKINGTON, J.

Plaintiff Charles Phillip Temple appeals from a summary judgment in favor of Southern Pacific Transportation Company (sometimes hereafter the company) in an action commenced by him under the Federal Employers' Liability Act (45 U.S.C. § 51 et seq.).

The Federal Employers' Liability Act (§ 51) provides, as relevant: "Every common carrier by railroad...

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