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OGLESBY v. SOUTHERN PACIFIC TRANSP. CO.

No. 91-16059.

6 F.3d 603 (1993)

Chester OGLESBY, Plaintiff-Appellee, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 24, 1993.

Attorney(s) appearing for the Case

Jerome L. Ringler, Fogel, Feldman, Ostrov, Ringler & Klevens, Los Angeles, CA, for plaintiff-appellee.

Terrence A. Jackson, Snell & Wilmer, Tucson, AZ, for defendant-appellant.

Before: SCHROEDER, NORRIS, and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

Defendant, Southern Pacific appeals the district court judgment entered against it after a jury verdict in favor of plaintiff, Charles Oglesby. We reverse and remand for a new trial.

I. Facts and Proceedings

Oglesby, a locomotive engineer for Southern Pacific, was injured when he attempted to replace an engineer's seat in a locomotive engine. To remove the seat Oglesby reached under it and felt for an L-shaped pin that he...

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