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BROWN v. CEDAR RAPIDS AND IOWA CITY RY. CO.

No. 80-1209.

650 F.2d 159 (1981)

Lester Gene BROWN, Appellee, v. CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY, a corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 11, 1981.

Rehearing Denied July 21, 1981.

Attorney(s) appearing for the Case

William M. Dallas, Cedar Rapids, Iowa, for appellant.

William G. Jungbauer, Yaeger & Yaeger, Minneapolis, Minn., for appellee.

Before HEANEY, ROSS and McMILLIAN, Circuit Judges.

McMILLIAN, Circuit Judge.

Cedar Rapids and Iowa City Railway Co. (the Railroad) appeals from a verdict and $92,500 judgment1 for Lester Gene Brown (Brown) in his action brought pursuant to the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60.

The facts of the accident are not in dispute. Brown is a brakeman employed by the Railroad. On April 10, 1975, he was riding on the side of a moving boxcar, relaying signals...

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