Jimmy Clements v. CSX Transportation, Inc.

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-14587
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D.C. Docket No. 3:09-cv-00122-TCB
JIMMY CLEMENTS,
Plaintiff - Appellant,
versus
CSX TRANSPORTATION, INC.,
Defendant - Appellee.
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Appeal from the United States District Court
for the Northern District of Georgia
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(May 29, 2013)
Before BARKETT and MARCUS, Circuit Judges, and CONWAY,* District Judge.
PER CURIAM:
* Honorable Anne C. Conway, Chief Judge, United States District Court for the Middle
District of Florida, sitting by designation.
Case: 12-14587 Date Filed: 05/29/2013 Page: 1 of 2

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Jimmy Clements appeals from the denial of his motion for a new trial
pursuant to Federal Rule of Civil Procedure 59(a) and alternatively for judgment as
a matter of law pursuant to Federal Rule of Civil Procedure 50(a) following a jury
verdict and final judgment for defendant, CSX Transportation, Inc. on Clements’
negligence action brought under the Federal Employer’s Liability Act, 45 U.S.C. §
51, et seq. The jury verdict in this case forecloses each claim raised on appeal by
Mr. Clements. Accordingly, the district court judgment is
AFFIRMED.
Case: 12-14587 Date Filed: 05/29/2013 Page: 2 of 2

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