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HATFIELD v. BURLINGTON NORTHERN R. CO.

No. 91-3158.

1 F.3d 1071 (1993)

Robert E. HATFIELD, Plaintiff-Appellee, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 30, 1993.

Attorney(s) appearing for the Case

Phillip R. Fields, Wichita, KS, for defendant-appellant.

Timothy J. King and Terry S. Stephens, Stinson, Lasswell & Wilson, Wichita, KS, for plaintiff-appellee.

Before McKAY, Chief Judge, MOORE, Circuit Judge, and ALLEY, District Judge.

ORDER ON REMAND

JOHN P. MOORE, Circuit Judge.

This case is before us after our judgment, previously reported as Hatfield v. Burlington Northern R. Co., 958 F.2d 320 (10th Cir.1992), was vacated by the Supreme Court and remanded for further consideration in light of CSX Transportation, Inc. v. Easterwood, 507 U.S. ___, 113 S.Ct. 1732, 123 L.Ed.2d 387 (1993). Having reconsidered, we conclude the case must be...

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