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CLARK v. BURLINGTON NORTHERN, INC.

Nos. 83-1800, 83-1839.

726 F.2d 448 (1984)

Rick E. CLARK, Appellant & Cross-Appellee, v. BURLINGTON NORTHERN, INC., a corporation, Appellee & Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 10, 1984.

Attorney(s) appearing for the Case

John P. Mullen of Gaines, Otis, Haggart, Mullen & Carta, Omaha, Neb., for appellee.

Inserra Law Offices, Omaha, Neb., for appellant.

Before HEANEY, ROSS and FAGG, Circuit Judges.

HEANEY, Circuit Judge.

Rick E. Clark brought this action against the Burlington Northern Railroad (Burlington) under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51 et seq. (1976), claiming damages for injuries he sustained while working as a switch foreman for Burlington. A jury found Clark ten percent negligent and awarded him $171,121.21. The trial court1 subsequently reduced the award by $47,268.21 because...

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