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WELSH v. BURLINGTON NORTHERN EMP. BEN. PLAN

Nos. 94-1767, 94-2822.

54 F.3d 1331 (1995)

William J. WELSH, Appellee/Cross-Appellant, v. BURLINGTON NORTHERN, INC., EMPLOYEE BENEFITS PLAN, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 4, 1995.

Attorney(s) appearing for the Case

William A. Brasher, St. Louis, MO, argued (Paul E. Littleton, on the brief), for appellant.

Steven B. Garner, Springfield, MO, argued (Jeffrey Bates, on the brief), for appellee.

Before McMILLIAN, Circuit Judge, HEANEY, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

In 1977, William Welsh injured his lower back at work. As a result, he was unable to continue his previous job with his employer, a railroad, but moved to another position with the company, making less money. He sued the railroad in state court in 1980 for damages resulting from that injury; the suit was based on the Federal Employers' Liability Act (FELA), see 45 U.S.C. §§ 51-60. In late 1984, a jury awarded...

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