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TAYLOR v. ILLINOIS CENT. R. CO.

No. 92-4148.

8 F.3d 584 (1993)

Robert E. TAYLOR, Plaintiff-Appellant, v. ILLINOIS CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 29, 1993.

Attorney(s) appearing for the Case

Laurence C. Acker (argued), Henslee, Monek & Henslee, Patrick J. Harrington, Robert Earl Harrington, Jr., Harrington, Thompson, Acker & Harrington, Jr., Chicago, IL, for plaintiff-appellant.

Paul M. Brown (argued), Robert T. Mills, Coburn & Croft, St. Louis, MO, for defendant-appellee.

Before FLAUM and KANNE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

In an action under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. § 51 et seq., Robert Taylor ("Taylor") sued his employer, Illinois Central Railroad Company ("Illinois Central"), for injuries he sustained while attempting to board a moving train. He sued Illinois Central for negligence, alleging in part that the ballast Illinois Central used under the tracks was too large and therefore unstable, causing him to fall....

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