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Borger v. CSX Trans., Inc., No. 08-3685

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


Opinion by Judge Martin


For Appellants:

Martin J. Holmes, Jr., Shindler, Neff, Holmes, Schlageter & Mohler, Toledo, OH

For Appellee:

Dan Himmelfarb, Mayer Brown LLP, Washington, DC