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GALLIMORE v. MISSOURI PAC. R. CO.

No. 80-1390 Summary Calendar.

635 F.2d 1165 (1981)

Kelly GALLIMORE, Plaintiff-Appellant, v. MISSOURI PACIFIC RAILROAD CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

February 5, 1981.

Attorney(s) appearing for the Case

Michael D. Cucullu, Bellaire, Tex., for plaintiff-appellant.

Eduardo R. Rodriguez, Brownsville, Tex., for defendant-appellee.

Before GEE, RUBIN and RANDALL, Circuit Judges.

RANDALL, Circuit Judge:

Plaintiff-Appellant Kelly Gallimore brings this appeal from a take-nothing judgment in the court below in his suit for damages, brought under the Federal Employers Liability Act (FELA), 45 U.S.C. §§ 51-60 (1976). The first jury to hear the case found that Defendant-Appellee Missouri Pacific Railroad Company (MoPac) was not negligent, but that Gallimore's own negligence was responsible for only 80% of his injuries; it assessed damages...

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