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CLAAR v. BURLINGTON NORTHERN R. CO.

Nos. 92-35337, 92-35539.

29 F.3d 499 (1994)

H. Jerome CLAAR; Ben Mar; Maynard Young; Donald Doll, Plaintiffs-Appellants, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellee. Dick EGGAR; Ray Ellison, Plaintiffs-Appellants, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 14, 1994.

Attorney(s) appearing for the Case

William A. Rossbach, Rossbach & Whiston, Missoula, MT, for plaintiffs-appellants.

Richard S. Cornfield, Coburn, Croft & Putzell, St. Louis, MO, for defendant-appellee.

Before: GOODWIN, CANBY, and KOZINSKI, Circuit Judges.

CANBY, Circuit Judge:

Plaintiffs Claar, Mar, Young, Doll, Eggar, and Ellison appeal the district court's grant of summary judgment for the defense in their action against their former employer, Burlington Northern Railroad, brought under the Federal Employees Liability Act (FELA), 45 U.S.C. § 51 et seq. The district court held inadmissible the expert testimony that plaintiffs offered in support of their claims, and granted summary judgment because, without...

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