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KING v. SOUTHERN PACIFIC TRANSP. CO.

No. 85-1666.

855 F.2d 1485 (1988)

Lester D. KING, Plaintiff-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 2, 1988.

Attorney(s) appearing for the Case

Siegfried Hesse, Berkeley, Cal. (E. Elizabeth Summers, Berkeley, Cal., of counsel, and Frederick L. Nelson, Hildebrand, McLeod & Nelson, Oakland, Cal. and Arturo G. Ortega, Ortega & Snead, Albuquerque, N.M., were also on the brief), for plaintiff-appellant.

Booker Kelly, White, Koch, Kelly & McCarthy, P.A., Santa Fe, N.M. (Larry White, White, Koch, Kelly & McCarthy, P.A., Santa Fe, N.M., was also on the brief), for defendant-appellee.

Before HOLLOWAY, Chief Judge, and BARRETT and LOGAN, Circuit Judges.

HOLLOWAY, Chief Judge.

Plaintiff Lester King is a railroad brakeman for defendant Southern Pacific Transportation Co. (SP). King filed this action against SP under the Federal Employer's Liability Act, 45 U.S.C. § 51-60 (FELA), the Boiler Inspection Act, 45 U.S.C. § 22-34 (BIA), and the Safety Appliance Act, 45 U.S.C. § 1-16 (SAA).

King claims he suffered work-related injuries in two separate accidents, one in 1980 and one in 1984. As to the...

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