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ATKINS v. UNION PACIFIC RAILROAD COMPANY

No. 83-4272.

753 F.2d 776 (1985)

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

United States Court of Appeals, Ninth Circuit.

Decided February 11, 1985.

Attorney(s) appearing for the Case

James J. Roberson, Lake Oswego, Or., for plaintiff-appellant.

Austin W. Crowe, Jr., Cosgrave & Kester, Portland, Or., for defendant-appellee.

Before KILKENNY, GOODWIN and SKOPIL, Circuit Judges.

PER CURIAM.

This appeal marks the second time this case has been before this court. See Atkins v. Union Pac. R., 685 F.2d 1146 (CA9 1982). We affirm.

In our prior decision, we established a three-prong test for determining whether the railroad should be estopped from asserting the statute of limitations as an affirmative defense. 685 F.2d at 1149. The third of these conjunctive...

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