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United States Sixth Circuit


TOTH v. GRAND TRUNK R.R., 01-1043

In a railroad conductor's claim for injuries under FELA, plaintiff's proffered rebuttal evidence concerning inspections was "real rebuttal evidence," but error in excluding it was harmless. Decision not to take judicial notice of regulations concerning railroad inspection and record-keeping was proper.

Appellate Information

  • Decided 09/18/2002
  • Published 09/18/2002

Judges

  • Before: BOGGS, SILER, and MOORE, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • Michael J. Leizerman (argued and briefed), E.J. Leizerman & Associates, Toledo, OH, for Plaintiff-Appellant.

  • For Appellees:
  • Gregory A. Clifton (argued), Mary C. O'Donnell (briefed), Durkin, McDonnell, Clifton, Davis & O'Donnell, Detroit, MI, for Defendant-Appellee.
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