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MONAGHAN v. UNION PACIFIC R. CO.

No. S-90-351.

496 N.W.2d 895 (1993)

242 Neb. 720

John MONAGHAN, Appellee, v. UNION PACIFIC RAILROAD COMPANY, a Corporation, Appellant.

Supreme Court of Nebraska.

March 12, 1993.

Attorney(s) appearing for the Case

William M. Lamson, Jr., and Mark E. Novotny, of Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellant.

J. Thomas Rowen and John T. Carpenter, of Carpenter, Rowen & Fitzgerald, P.C., Omaha, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

SHANAHAN, Justice.

In an action brought under Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq. (1988), Union Pacific Railroad Company (UP) appeals from the judgment on a verdict for John Monaghan on his claim for a loss of hearing as the result of employment at UP's shops. UP contends that the district court for Douglas County should have directed a verdict for UP because Monaghan's claim was barred by the act: "No action shall be maintained under...

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