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BURLINGTON NORTHERN R. CO. v. STRONG

No. 89-1671.

907 F.2d 707 (1990)

BURLINGTON NORTHERN RAILROAD COMPANY, Plaintiff-Appellee, v. John T. STRONG, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 20, 1990.

Attorney(s) appearing for the Case

Susan D. Thurmer, St. Paul, Minn., for plaintiff-appellee.

Gary K. Wood, Morrisard & Rossi, Aurora, Colo., for defendant-appellant.

Before BAUER, Chief Judge, and RIPPLE, Circuit Judge, and WILL, Senior District Judge.

RIPPLE, Circuit Judge.

John Strong sued his employer, Burlington Northern Railroad Company (Burlington), alleging personal injury tort damages. A jury awarded Mr. Strong $73,000. Thereafter, Burlington moved to set off against the judgment money received by Mr. Strong from a disability insurance program funded by Burlington. The district court denied this motion. Burlington then brought a separate suit to recover the funds...

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