JAMES M. BURNS, Senior District Judge.
This case is before us on appeal from a grant of summary judgment to Burlington Northern Railroad Company (Burlington Northern). Deutsch is also appealing the district court's denial of his motion to amend or, in the alternative, to set aside the judgment pursuant to Fed.R.Civ.P. 59.
We have jurisdiction under 28 U.S.C. § 1291 (1988).
BACKGROUND
Facts
On November 11, 1987, Deutsch...
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