BUELL v. ATCHISON, TOPEKA AND SANTA FE RY. CO.

No. 84-2288.

771 F.2d 1320 (1985)

Jim BUELL, Plaintiff-Appellant, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 19, 1985.


Attorney(s) appearing for the Case

Joseph J. Weninger, James R. McCall, Crow, Lytle, Gilwee, Donoghue, Adler & Weninger, Sacramento, Cal., for plaintiff-appellant.

John H. Ernster, Thomas D. Peterson-More, Atchinson, Topeka & Santa Fe Railway Co., Los Angeles, Cal., for defendant-appellee.

Before SCHROEDER, NELSON, and REINHARDT, Circuit Judges.


SCHROEDER, Circuit Judge.

Jim Buell appeals from the district court's grant of summary judgment in favor of the Atchison, Topeka and Santa Fe Railway Company. The issue, one of first impression in this circuit, is whether a Railroad employee's wholly mental injury stemming from his railroad employment is compensable under the Federal Employer's Liability Act (FELA or the Act), 45 U.S.C. §§ 51-60 (1982).

Buell, a carman at the Railroad's Stockton...

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