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DUSTIN v. UNION PAC. R. CO.

No. 15731.

707 P.2d 472 (1985)

109 Idaho 361

Donald A. DUSTIN, Plaintiff-Appellant, v. UNION PACIFIC RAILROAD COMPANY, a corporation, Defendant-Respondent.

Court of Appeals of Idaho.

September 18, 1985.

Attorney(s) appearing for the Case

Larry M. Boyle and Michael R. Orme of Hansen, Boyle, Beard & Martin, Idaho Falls, Douglas S. Querin of Bricker, Zakovics & Querin, Portland, Or., for plaintiff-appellant.

Ron Kerl and Steven Richert of Green, Service, Gasser & Kerl, Pocatello for defendant-respondent.

SWANSTROM, Judge.

This appeal comes to us from the granting of a summary judgment in favor of the defendant, Union Pacific Railroad. The plaintiff, Donald Dustin, brought suit under the Federal Employer's Liability Act, 45 U.S.C.A. § 51 et seq. (FELA) to recover for back and knee injuries sustained during his employment with Union Pacific. The railroad moved for summary judgment based on a release of claims signed by Dustin. Dustin asserted the release was void...

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