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HARVEY v. CSX TRANSP., INC.

Civ. A. No. 91-0044-R.

794 F.Supp. 182 (1992)

Arvel R. HARVEY, Plaintiff, v. CSX TRANSPORTATION, INC., Defendant.

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

March 5, 1992.

Attorney(s) appearing for the Case

Ralph Rabinowitz, Rabinowitz, Rafal, Swartz & Gilbert, Russell Nash Brahm III, Norfolk, Va., for plaintiff.

Daniel Reid Warman, Williams, Worrell, Kelly, Greer & Frank, Norfolk, Va., for defendant.

MEMORANDUM OPINION

TURK, Chief Judge.

JURISDICTION

This action arises under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. § 51, et seq. The court takes jurisdiction pursuant to 28 U.S.C. § 1331.

BACKGROUND

This matter is presently before the court on the defendant's motion for summary judgment. The defendant, CSX Transportation Inc. ("CSX"), contends that the plaintiff, Arvel R. Harvey ("Harvey"), is...

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