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FULTON v. ST. LOUIS-SAN FRANCISCO RY. CO.

No. 80-1021.

675 F.2d 1130 (1982)

Charles FULTON, Plaintiff-Appellee, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, A Corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 20, 1982.

Attorney(s) appearing for the Case

Ben Franklin of Franklin, Harmon & Satterfield, Oklahoma City, Okl. (Donald E. Engle, St. Louis, Mo., of counsel, with him on the brief), for defendant-appellant.

E. L. Kinch, Wichita, Kan. (Charles Daniel, Drumright, Okl., with him on the brief), for plaintiff-appellee.

Before LOGAN and BREITENSTEIN, Circuit Judges, and BROWN, District Judge.

LOGAN, Circuit Judge.

The St. Louis-San Francisco Railway Company appeals from a jury verdict awarding damages to its employee Charles Fulton for personal injuries in Fulton's suit under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60. Fulton's injuries had occurred when he attempted to rescue a fellow railroad employee, Dan McBride.

On appeal the railroad contests its liability, contending that the trial court (1) should not have...

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