Demay v. Norfolk Southern Railway Co.
Court of Appeals for the Eighth Circuit
1Opinion of the Court
HANSEN, Circuit Judge.
David Demay, an employee of the Norfolk Southern Railway Company (Norfolk Southern), was injured while working in Norfolk, Virginia, at the Lamberts Point Coal Terminal (Lamberts Point). A Missouri resident, Demay filed a lawsuit against Norfolk Southern in Missouri state court under the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51 to 60. Norfolk Southern removed the lawsuit to the United States District Court for the Eastern District of Missouri, claiming the action was governed by the Longshore and Harbor Workers’ Compensation Act (Longshore Act), 33 U.S.C.…
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