Legal Opinion
Jaynes v. Louisville & Nashville Railroad
District Court, E.D. Tennessee
Decided June 24, 1981No. CIV-2-80-95Published
1Opinion of the Court
MEMORANDUM OPINION AND ORDERS
NEESE, District Judge.
This is an action by a former employee of the defendant railroad1 to recover damages under the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51 et seq., 45 U.S.C. § 56. The defendant moved for a summary judgment on the ground that the claim of the plaintiff is barred by an accord and satisfaction. There being genuine issues of material fact extant between the parties concerning such affirmative defense, summary judgment is not appropriate. See Rule 56(c), Federal Rules of Civil Procedure.
It is undisputed that on May 6, 1977, in…
2Cases cited14 opinions
- Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952
- Callen v. Pennsylvania RailroadSupreme Court of the United States · 1948
- Charles Warkentien and Patricia Ann Warkentien v. James J. Vondracek and Donna L. VondracekCourt of Appeals for the Sixth Circuit · 1980
- Hogue v. Southern Railway Co.Supreme Court of the United States · 1968
- Thompson v. CampCourt of Appeals for the Sixth Circuit · 1947
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