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ATKINS v. UNION PACIFIC R. CO.

No. 80-3225.

685 F.2d 1146 (1982)

John M. ATKINS, Plaintiff-Appellant, v. UNION PACIFIC RAILROAD CO., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1982.

Attorney(s) appearing for the Case

James J. Roberson, Portland, Or., for plaintiff-appellant.

Jeff S. Asay, Portland, Or., for defendant-appellee.

Before GOODWIN and FLETCHER, Circuit Judges, and McNICHOLS, District Judge.

FLETCHER, Circuit Judge:

This is an appeal from the dismissal of plaintiff Atkins' FELA action on the ground that his claim is barred by the statute of limitations. See 45 U.S.C. § 56 (1976). Atkins argues that his mental incompetence tolled the statute, or alternatively, that Union Pacific is estopped to assert the statute of limitations. We agree with the latter argument and reverse.

I

FACTS

Plaintiff Atkins received an eye...

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