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CLARK v. KENTUCKY & INDIANA TERM. R.R.

No. 81-5804.

728 F.2d 307 (1984)

John CLARK, Plaintiff-Appellant, v. KENTUCKY AND INDIANA TERMINAL RAILROAD, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 21, 1984.

Rehearing and Rehearing Denied April 9, 1984.

Attorney(s) appearing for the Case

John T. Papa, Lead Counsel, argued, Callis & Hartman, Granite City, Ill., Edwin I. Baer, Louisville, Ky., for plaintiff-appellant.

Gerald Kirven, argued, Baird, Kirven, Westfall & Talbot, Louisville, Ky., for defendant-appellee.

Before KENNEDY and KRUPANSKY, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied April 9, 1984.

FAIRCHILD, Senior Circuit Judge.

This is an appeal from judgment notwithstanding the verdict for defendant Kentucky and Indiana Terminal Railroad ("K & I") on the issue of liability for personal injuries to an employee under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51-60 (1976), predicated upon a statutory violation of the Federal Safety Appliance Act of 1893 ("FSAA"), 45...

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