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WILSON v. BURLINGTON NORTHERN R. CO.

Nos. 85-1381, 85-1400.

804 F.2d 607 (1986)

Charlotte Louise WILSON, individually, as Personal Representative of the Estate of Darold Floyd Wilson, and as Guardian of Jolene Kay Wilson, Craig Allen Wilson and Jerry Todd Wilson, Plaintiff-Appellee, Cross-Appellant, Gail L. Clay, individually, as Personal Representative of the Estate of Norman Lee Clay, and as Guardian of Karri Lynn Clay and Boyd Lee Clay, Plaintiff, v. BURLINGTON NORTHERN RAILROAD COMPANY, a corporation, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 22, 1986.

Attorney(s) appearing for the Case

C. William Kraft, III (John L. Pilon and James P. Gatlin, with him on brief), Denver, Colo., for defendant-appellant, cross-appellee.

Gregory V. Piche of Spurgeon, Haney & Howbert, Professional Corp., Colorado Springs, Colo., for plaintiff-appellee, cross-appellant.

Before McKAY, SETH and TIMBERS, Circuit Judges.

SETH, Circuit Judge.

These are appeals from a judgment for plaintiff-appellee, Charlotte Louise Wilson, in the retrial of a wrongful death case brought under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60. Defendant-appellant, Burlington Northern Railroad Company, contends that the district court judge erred in ordering the issues of causation and of the quantum of plaintiff's decedent's contributory negligence retried because he found the...

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