United States Second Circuit

Interlocutory order denying defendant's motion for summary judgment on plaintiff's claim under the Federal Employers' Liability Act, 45 U.S.C. sections 51-60, based on holding that defendant, as owner and operator of co-defendant railroad company, is a "common carrier by railroad" within the meaning of statute, affirmed.

Appellate Information

• Argued 05/02/2001
• Decided 02/11/2002
• Published 02/12/2002

Judges

• KEARSE, Circuit Judge, Before MESKILL and KEARSE, Circuit Judges, and SQUATRITO, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Michael Flynn, Garden City, N.Y. (Elkind, Flynn & Maurer, Garden City, NY, on the brief), for Plaintiff-Appellant.


• For Appellees:
  
• Thomas J. Schwarz, New York, N.Y. (Jeffrey Glekel, John P. Furfaro, Skadden, Arps, Slate, Meagher & Flom, New York, NY, on the brief), for Defendant-Appellant.