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KEITH v. BURLINGTON NORTHER R. CO.

Nos. 18959, 18967.

889 S.W.2d 911 (1994)

Marshel KEITH, Respondent-Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, Appellant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied December 9, 1994.

Application to Transfer Denied January 24, 1995.

Attorney(s) appearing for the Case

Thomas Strong, Jeffrey W. Bates, Clifton Smart III, Strong & Associates, P.C., Springfield, for respondent-appellant.

Glenn A. Burkart, Bruce E. Hunt, Daniel E. Miller, Mann, Walter, Burkart, Weathers & Walter, L.C., Springfield, for appellant-respondent.

MONTGOMERY, Judge.

Marshel Keith (Plaintiff) obtained a jury verdict of $900,000 on his claim against the Defendant Burlington Northern Railroad Company (BN) under the Federal Employers' Liability Act, 45 U.S.C.A. § 51, et seq. (1986) (FELA). The trial court entered judgment for Plaintiff in accordance with the jury verdict. BN's post-trial motions included a motion to amend the judgment in which BN requested a credit against the judgment for all Railroad Retirement...

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