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ROBERTSON v. BURLINGTON NORTHERN R. CO.

No. 93-35135.

32 F.3d 408 (1994)

Steven D. ROBERTSON, Plaintiff-Appellee, v. BURLINGTON NORTHERN RAILROAD COMPANY, a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 5, 1994.

Attorney(s) appearing for the Case

Rexanne Gibson, Kroschel & Gibson, Bellevue, WA, for defendant-appellant.

John C. Stephenson; and Howard M. Goodfriend and Charles K. Wiggins, Edwards, Sieh, Wiggins & Hathaway, Seattle, WA, for plaintiff-appellee.

Before: WIGGINS and THOMPSON, Circuit Judges, and EZRA, District Judge.

DAVID R. THOMPSON, Circuit Judge:

Steven D. Robertson sued Burlington Northern Railroad Company under the Federal Employers' Liability Act (FELA). He alleged he sustained a hearing loss and tinnitus (ringing in the ears) because during his employment Burlington Northern exposed him to excessive noise. Trial was before a jury. The court admitted evidence of noise standards established by the Occupational Safety and Health Act (OSHA), even though it is conceded the...

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