Joseph C. Stephens v. Norfolk and Western Railway Company
Joseph C. Stephens v. Norfolk and Western Railway Company
811 F.2d 286; 128 L.R.R.M. (BNA) 2278
(Federal Reporter, Second Series)
Cases that cite this one
6 later published cases cite this decision.
- R. Paul Beard and Scarlett Beard v. Carrollton Railroad and Csx Transportation, Inc., (88-5910) the Travelers and the Travelers Companies, (88-6280) (6th Cir. 1990)
- Evans v. Southern Pacific Transportation Co. (Cal. Ct. App. 1989)
- Gerard W. McCall v. Chesapeake & Ohio Railway Company (6th Cir. 1988)
- Henegar v. Banta (District Court, N.D. Ohio 1993)
- Hatlestad v. Consolidated Rail Corp. (Ohio Ct. App. 1991)
- Gendron v. Chicago & North Western Transportation Co. (Ill. App. Ct. 1989)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
*287 ORDER
Pursuant to suggestions made in a petition for en banc in this proceeding it is hereby ordered and directed that the Clerk enter as an amendment to the opinion issued on June 9, 1986, 792 F.2d 576 (6th Cir. 1986), the following footnote 9 to be placed on page 581 at the end of the first full sentence of the first full paragraph.
9. This case does not involve discharge or discrimination against Stephens because of a handicap, and it does not in any way conflict with Colorado Anti-Discrimination Commission v. Continental Airlines, 372 U.S. 714 [83 S.Ct. 1022, 10 L.Ed.2d 84] (1963). There are three issues to be decided in this case. First, whether the physical examination was legitimate. Second, whether Stephens could pass the examination. Third, if, as the trial court held, Stephen’s complaint failed to state a claim on which relief could be granted under the Handicapper’s Act, whether Stephen’s unsuccessful attempt to rely on that Act could take his claim outside the exclusive jurisdiction of the NRAB.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.