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HARD v. BURLINGTON NORTHERN R.R.

No. 85-4326.

812 F.2d 482 (1987)

Thomas J. HARD, Plaintiff-Appellant, v. BURLINGTON NORTHERN RAILROAD, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 9, 1987.

Attorney(s) appearing for the Case

Charles C. Dearden, Billings, Mont., for defendant-appellee.

Joseph P. Hennessey, Richard L. Webb, Jr., Walter M. Hennessey, Billings, Mont., for plaintiff-appellant.

Before BROWNING, and WRIGHT, Circuit Judges, and ORRICK, Senior District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Thomas Hard appeals from a jury verdict awarding him compensatory damages for injuries suffered while working for Burlington Northern. He urges that jury misconduct, an inadequate damage award, and a verdict against the weight of the evidence require a new trial. We remand to the district court for an evidentiary hearing on the issue of juror misconduct.

BACKGROUND

While washing a locomotive for Burlington...

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