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NORFOLK & WESTERN R. CO. v. AYERS

No. 01-963.

538 U.S. 135 (2003)

123 S.Ct. 1210

155 L.Ed.2d 261

NORFOLK & WESTERN RAILWAY CO. v. AYERS ET AL.

Supreme Court of United States.

Decided March 10, 2003.

Attorney(s) appearing for the Case

Carter G. Phillips argued the cause for petitioner. With him on the briefs were Stephen B. Kinnaird, Fred Adkins, Rodney L. Baker II, and Laura D. Hunt.

David B. Salmons argued the cause pro hac vice for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Clement, Anthony J. Steinmeyer, and Peter R. Maier.

Richard J. Lazarus argued the cause for respondents. With him on the brief were James A. McKowen, James H. Rion, Jr., and Lawrence M. Mann.*

JUSTICE GINSBURG delivered the opinion of the Court.

The Federal Employers' Liability Act (FELA or Act), 35 Stat. 65, as amended, 45 U. S. C. §§ 51-60, makes common carrier railroads liable in damages to employees who suffer work-related injuries caused "in whole or in part" by the railroad's negligence. This case, brought against Norfolk & Western Railway Company (Norfolk) by six former employees now suffering...

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