(Download) "Mickler V. Nimishillen And Tuscarawas Railway Co." by United States Court Of Appeals For The Sixth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mickler V. Nimishillen And Tuscarawas Railway Co.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 23, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
KENNEDY, Circuit Judge. Plaintiff Thomas L. Mickler appeals the District Court's grant of summary judgment in favor of his employer, Nimishillen & Tuscarawas Railway Company (92-3740). Plaintiff also appeals a magistrate Judge's order denying plaintiff's motion to vacate the summary judgment, to re-open discovery, and to indicate a willingness to accept remand of the case (92-4047). Plaintiff argues that the District Court erred in holding that defendant is not a common carrier engaged in interstate commerce and thus not subject to the Federal Employer's Liability Act ("FELA"), 45 U.S.C. §§ 51 et seq. He further asserts that even if defendant is not a common carrier, recent amendments to the Boiler Inspection Act ("BIA"), 45 U.S.C. §§ 22 et. seq., and the Safety Appliance Act ("SAA"), 45 U.S.C. § 11 make FELA applicable to defendant; and that defendant is estopped from denying it is subject to FELA. For the reasons stated below, we affirm the District Court's grant of summary judgment. The magistrate Judge's order is not a final judgment of the District Court and is not appealable. Thus, Appeal No. 92-4047 will be dismissed.