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COUNTS v. BURLINGTON NORTHERN R. CO.

No. 90-35661.

952 F.2d 1136 (1991)

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

United States Court of Appeals, Ninth Circuit.

Decided December 30, 1991.

Attorney(s) appearing for the Case

Charles G. Cole, Steptoe & Johnson, Washington, D.C., for defendant-appellant.

Alexander Blewett, III, Hoyt & Blewett, Great Falls, Mont., for plaintiff-appellee.

Before WALLACE, Chief Judge, BEEZER and T.G. NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge:

Burlington Northern Railroad Company (Burlington) appeals from an amended judgment of $320,450 in favor of former Burlington employee Silas Counts, following a bifurcated jury trial of Counts' claims under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60. Burlington appeals on grounds that Counts' theories for invalidating a release he entered into with Burlington were unprecedented or insufficient as a matter of...

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