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BURLINGTON NORTHERN, INC. v. BOXBERGER

No. 73-2173.

529 F.2d 284 (1975)

BURLINGTON NORTHERN, INC., Appellant, v. Priscilla G. BOXBERGER, Personal Representative of the Estate of Kenneth R. Boxberger, Deceased, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 19, 1976.

Attorney(s) appearing for the Case

Delbert W. Johnson (argued), Burlington Northern, Portland, Or., for appellant.

George M. Joseph (argued), Bemis, Breathouwer & Joseph, Portland, Or., for appellee.

Before KOELSCH and ELY, Circuit Judges, and VOORHEES, District Judge.

OPINION

ELY, Circuit Judge:

Suit in the District Court was instituted under the Federal Employers' Liability Act [F.E.L.A.], 45 U.S.C. §§ 51-60. Originally three separate actions were filed against the appellant railroad, one for the death of an engineer (Ritter), a second for the death of a fireman (Boxberger), and the third, for injury to a brakeman (Stanwood). At the time of the accident that gave rise to the suit, Ritter, Boxberger, and Stanwood...

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