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BOROUGH v. DULUTH, MISSABE & IRON RANGE RY. CO.

No. 84-5099.

762 F.2d 66 (1985)

John J. BOROUGH, Appellee, v. DULUTH, MISSABE & IRON RANGE RAILWAY COMPANY, a corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 13, 1985.

Attorney(s) appearing for the Case

Robert E. Mathias, Duluth, Minn., for appellant.

John J. Naughton, Chicago, Ill., for appellee.

Before LAY, Chief Judge, and HEANEY and FAGG, Circuit Judges.

LAY, Chief Judge.

John J. Borough was a conductor and brakeman for the Duluth, Missabe & Iron Range Railroad in Duluth, Minnesota. On the morning of September 9, 1979, Borough was the head brakeman on a train consisting of approximately one hundred fully loaded ore cars. The train was running from the Procter Yard to Dock Five in the Duluth harbor. Borough's duties included setting the brakes at the Procter Yard for the downhill run and riding the locomotive to...

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