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SIMMONS v. NORFOLK & WESTERN RY. CO.

Civ. A. No. 88-0497-R.

734 F.Supp. 230 (1990)

Garland SIMMONS, Plaintiff, v. NORFOLK & WESTERN RAILWAY COMPANY and Norfolk Corporation, Defendants.

United States District Court, W.D. Virginia, Roanoke Division.

February 28, 1990.

Attorney(s) appearing for the Case

Irving Schwartzman, Savage & Schwartzman, P.A., Baltimore, Md., and Gordon H. Shapiro, Lutins & Shapiro, Roanoke, Va., for plaintiff.

William B. Poff and Clinton S. Morse, Woods, Rogers & Hazlegrove, Roanoke, Va., for defendants.

MEMORANDUM OPINION

TURK, Chief Judge.

Plaintiff filed this action pursuant to the Federal Employers' Liability Act ("FELA"), 45 U.S.C. § 51, et seq., alleging that he was publicly harassed on the job and that this alleged harassment constitutes intentional infliction of emotional distress. Defendants moved to dismiss or, in the alternative, for summary judgment arguing that claims for intentional infliction of emotional distress are not actionable...

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