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RIVERA v. UNION PACIFIC R. CO.

Civ. A. No. 93-K-1823.

868 F.Supp. 294 (1994)

Gilbert RIVERA, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, a corporation, Defendant.

United States District Court, D. Colorado.

November 22, 1994.

Attorney(s) appearing for the Case

Brian Berardini, Brown & Berardini, Denver, CO, and Gregory T. Yaeger, Yaeger, Jungbauer, Barczak & Roe, Ltd., Minneapolis, MN, for plaintiff.

David B. Ellis and James R. Webb, Gorsuch, Kirgis, L.L.C., Denver, CO, for defendant.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

This Federal Employers' Liability Act (FELA) case arises from an injury suffered by Gilbert Rivera in the course of his employment as a locomotive engineer. Both parties move for partial summary judgment on the liability and causation issues. I deny both motions.

Rivera claims Union Pacific violated the Boiler Inspection Act (BIA), 45 U.S.C. §§ 22-34 through the use of a locomotive...

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