Court of Appeals for the Fifth Circuit January 4, 1989, 87-3799 (Irvin J. Wooden v. Missouri Pacific Railroad Company)

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Irvin Wooden sued the Missouri Pacific Railroad Company pursuant to the Federal Employers Liability Act, 45 U.S.C. § 51 et seq. (“FELA”). Wooden alleged that he had contracted silicosis as a result of work he did for the Railroad, and that the Railroad had negligently failed to provide him with a respiratory mask.