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GARCIA v. BURLINGTON NORTHERN RAILROAD CO.

93C-803459; CA A87033.

904 P.2d 1085 (1995)

137 Or. App. 385

Jorge GARCIA, Respondent, v. BURLINGTON NORTHERN RAILROAD COMPANY, a corporation, Appellant.

Court of Appeals of Oregon.

Decided October 25, 1995.

Attorney(s) appearing for the Case

Sara E. Hauptfuehrer, Washington, DC, argued the cause for appellant. With her on the brief were Charles G. Cole and Steptoe & Johnson, Washington, DC; and Larry E. Leggett and Kroschel & Gibson, Bellevue, Washington.

Thomas M. Christ, Portland, OR, argued the cause for respondent. With him on the brief was Monte Bricker.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LANDAU, Judge.

Defendant appeals from a judgment for plaintiff in this action brought under the Federal Employers' Liability Act (FELA). 45 USC §§ 51-60. We reverse.

The relevant facts are not in dispute. Plaintiff worked as a brakeman-switchman engaged in switching operations at one of defendant's railway yards. That work involved coupling and uncoupling railroad cars to disassemble incoming trains and to assemble outgoing trains. In the course...

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