LAGER v. CHICAGO NORTHWESTERN TRANSP. CO.

No. 96-3522.

122 F.3d 523 (1997)

Donald B. LAGER, Plaintiff-Appellant, v. CHICAGO NORTHWESTERN TRANSPORTATION COMPANY, also known as Chicago & Northwestern Railway Company, also known as Union Pacific Railroad Company; Union Pacific Railroad Company, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 6, 1997.


Attorney(s) appearing for the Case

Frank O. Burge, Jr., Birmingham, AL, argued (Steven L. Serck, Des Moines, IA, on the brief), for Plaintiff-Appellant.

Joseph G. Van Winkle, Des Moines, IA, argued (Kimberly Pieters Knoshaug, Des Moines, IA, on the brief) for Defendants-Appellees.

Before BOWMAN, WOLLMAN, and HANSEN, Circuit Judges.


HANSEN, Circuit Judge.

Donald Lager appeals the district court's1 grant of summary judgment to defendants in his personal injury claim filed pursuant to the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60 (1994). We affirm.

Donald Lager, a trainman employed by the Union Pacific Railroad Company (the railroad), brought this cause of action as a result of an alleged assault and battery against him by a co-employee...

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