In an action by rail workers alleging injuries from exposure to hydrochloric acid fumes, summary judgment for Defendant is affirmed where Defendant rail carrier’s failure to perform a ten-point inspection under 49 C.F.R. section 173.31 did not violate that regulation because it did not apply to rail carriers such as Defendant.
Read Borger v. CSX Trans., Inc., No. 08-3685
Appellate Information
Argued: May 1, 2009
Decided and Filed: July 8, 2009
Judges
Opinion by Judge Martin
Counsel
For Appellants:
Martin J. Holmes, Jr., Shindler, Neff, Holmes, Schlageter & Mohler, Toledo, OH
For Appellee:
Dan Himmelfarb, Mayer Brown LLP, Washington, DC
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