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FLETCHER v. UNION PAC. R. CO.

No. 79-1472.

621 F.2d 902 (1980)

Donald D. FLETCHER, Appellant, v. UNION PACIFIC RAILROAD COMPANY, a corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 7, 1980.

Rehearing and Rehearing Denied June 26, 1980.

Attorney(s) appearing for the Case

John J. Higgins, Eisenstatt, Higgins, Kinnamon & Okun, Omaha, Neb., argued, for appellant.

Michael P. McReynolds, Legal Dept., Union Pac. R. Co., Omaha, Neb., argued, for appellee.

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

Rehearing and Rehearing En Banc Denied June 26, 1980.

McMILLIAN, Circuit Judge.

Donald Fletcher appeals the judgment of the district court1 that his personal injury claim against Union Pacific Railroad Company (the Railroad), under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq., was barred by the FELA three-year statute of limitations. For the reasons discussed below, we reverse in part and remand...

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