Legal Opinion

Robert M. Cavanaugh, and Martha E. Cavanaugh v. Western Maryland Railway Company and Baltimore and Ohio Railroad Company

Court of Appeals for the Fourth Circuit

Decided February 29, 1984No. 82-1637PublishedCited by 36 opinions

1Opinion of the Court

DONALD RUSSELL, Circuit Judge.

Pursuant to Fed.R.Civ.P. 54(b),1 Western Maryland Railway Company (Western) and Baltimore & Ohio Railroad Company (B & O) appeal from an order of the district court dismissing their counterclaim for property damage in an action brought by Robert M. Cavanaugh (Cavanaugh) under the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51 et seq. The district court held that the maintenance of the railroads’ counterclaim would violate §§ 5 and 10 of the FELA, 45 U.S.C. §§ 55 and 60, and thus would be contrary to the public policy reflected in such Act. We disagree…

2Cases cited10 opinions

  1. Baker v. Gold Seal Liquors, Inc.Supreme Court of the United States · 1974
  2. James E. Hendley v. Central of Georgia Railroad Co.Court of Appeals for the Fifth Circuit · 1980
  3. Stack v. Chicago, Milwaukee, St. Paul and Pacific Railroad Co.Washington Supreme Court · 1980
  4. National Grange Mutual Insurance v. Wyoming County Insurance Agency, Inc.West Virginia Supreme Court · 1973
  5. Mesker Brothers Iron Company v. Donata Corporation, a & H Holding Corporation and a & H Plumbing Supply CorporationCourt of Appeals for the Fourth Circuit · 1968

5 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Withhart v. Otto Candies, L.L.CCourt of Appeals for the Fifth Circuit · 2005
  2. Robert M. Nordgren v. Burlington Northern Railroad Company, a Delaware CorporationCourt of Appeals for the Eighth Circuit · 1997
  3. Paul Sprague v. Boston and Maine Corporation, Paul Sprague v. Boston and Maine CorpCourt of Appeals for the First Circuit · 1985
  4. Figley v. W.S. IndustrialCourt of Appeals of Iowa · 2011
  5. Harper v. Missouri Pacific RailroadAppellate Court of Illinois · 1994

31 more not listed; retrieve them via the Exa API.

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