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MISSOURI PAC. R. CO. v. KANSAS GAS & ELEC. CO.

No. 87-1103.

862 F.2d 796 (1988)

MISSOURI PACIFIC RAILROAD COMPANY, Plaintiff-Appellee, v. KANSAS GAS AND ELECTRIC COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 1, 1988.

Attorney(s) appearing for the Case

Phillip R. Fields, of Gott, Young & Bogle, P.A., Wichita, Kan., for plaintiff-appellee.

J. Michael Peters (Ralph Foster with him on the brief), Wichita, Kan., for defendant-appellant.

Before McKAY, LOGAN and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

Under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51, "a railroad has the nondelegable duty to provide its employees with a safe place to work even when they are required to go onto the premises of a third party over which the railroad has no control." Shenker v. Baltimore & Ohio R.R. Co., 374 U.S. 1, 7, 83 S.Ct. 1667, 1671, 10 L.Ed.2d 709 (1963). Therefore, as a condition to furnishing...

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