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COUNTS v. BURLINGTON NORTHERN R. CO.

No. 88-4297.

896 F.2d 424 (1990)

Silas E. COUNTS, Plaintiff-Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted December 15, 1989.

Decided February 21, 1990.

Attorney(s) appearing for the Case

John C. Hoyt and Alexander Blewett, Great Falls, Mont., for plaintiff-appellant.

Dolphy O. Pohlman and Marshall L. Mickelson, Butte, Mont., for defendant-appellee.

Before CANBY, WIGGINS and FERNANDEZ, Circuit Judges.

WIGGINS, Circuit Judge:

Silas Counts appeals the district court's order granting summary judgment for his employer, Burlington Northern Railroad Company (Burlington). Counts argues that the district court erroneously held that his state law claim was preempted by the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60 (1982). We have jurisdiction under 28 U.S.C. § 1291 (1982), and we affirm.

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