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FLANIGAN v. BURLINGTON NORTHERN INC.

No. 79-1703.

632 F.2d 880 (1980)

Edward L. FLANIGAN, Appellee, v. BURLINGTON NORTHERN INC., a corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 4, 1980.

Rehearing and Rehearing Denied October 16, 1980.

Attorney(s) appearing for the Case

Karl D. Dexheimer, Belleville, Ill., for appellant.

Frederic A. Bremseth, Minneapolis, Minn. (argued), John C. Boylan, and Russell A. Ingebritson, Minneapolis, Minn., and Rene E. Lusser, Lusser, Hughes & Lusser, St. Louis, Mo., on brief, for appellee.

Before LAY, Chief Judge, and HENLEY and McMILLIAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 16, 1980.

LAY, Chief Judge.

The Burlington Northern, Inc. (BN) appeals from a judgment entered on a jury verdict awarded for injuries to one of its employees incurred during the course of his employment. The action was brought under the Federal Employers' Liability Act (FELA), 53 Stat. 1404, 45 U.S.C. §§ 51-60 (1976).

Edward L. Flanigan was an inspector-carman for the Burlington Northern. BN...

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