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MITCHELL v. MISSOURI-KANSAS-TEXAS R. CO.

No. C-7286.

786 S.W.2d 659 (1990)

H.W. MITCHELL, Petitioner, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, Respondent.

Supreme Court of Texas.

February 21, 1990.

Attorney(s) appearing for the Case

W. Douglas Matthews, Timothy F. Lee, Houston, for petitioner.

Gay C. Brinson, Jr., Brock Akers, Houston, for respondent.

ON MOTION FOR REHEARING

RAY, Justice.

Petitioner's motion for rehearing is granted. Our opinion and judgment of July 5, 1989, reported at 32 Tex.Sup.Ct.J. 526, are withdrawn, and the following opinion is substituted.

The issue presented involves the propriety of an explanatory jury instruction in a case brought under the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60 (1986) ("FELA"), and the Federal Boiler Inspection Act, 45 U.S.C...

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