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CULLINAN v. BURLINGTON NORTHERN, INC.

No. 74-1285.

522 F.2d 1034 (1975)

William T. CULLINAN, Plaintiff-Appellee, v. BURLINGTON NORTHERN, INC., a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 10, 1975.

Attorney(s) appearing for the Case

Stephen H. Foster (argued), Billings, Mont., for defendant-appellant.

Patrick J. Foley (argued), Minneapolis, Minn., for plaintiff-appellee.

Before WRIGHT and CHOY, Circuit Judges, and PLUMMER, Senior District Judge.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

This is an appeal from a directed verdict for the plaintiff on the issue of liability and a refused instruction on damages in an F.E.L.A. case. We affirm.

The plaintiff, William Cullinan, was an experienced member of a Burlington Northern wrecker crew which was sent in August of 1971 to clean up a railroad derailment site in Montana. The operation was under the control of a master mechanic who supervised the...

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