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DIEDE v. BURLINGTON NORTHERN R. CO.

No. 84-4233.

772 F.2d 593 (1985)

George M. DIEDE, Plaintiff-Appellee, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 27, 1985.

Attorney(s) appearing for the Case

John C. Boylan, Minneapolis, Minn., for plaintiff-appellee.

Lawrence D. Silvernale, Seattle, Wash., for defendant-appellant.

Before WRIGHT, PREGERSON, and ALARCON, Circuit Judges.

PREGERSON, Circuit Judge:

George M. Diede, a brakeman for the Burlington Northern Railroad Co., was injured when the locomotive on which he was working derailed as a result of sabotage. Diede filed a complaint against the railroad under both the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60 (1982), and the Boiler Safety Inspection Act (also referred as to the Locomotive Inspection Act), 45 U.S.C. §§ 22-34 (1982).

Diede claimed...

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