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WHARF v. BURLINGTON NORTHERN R. CO.

Nos. 94-35097, 94-35286.

60 F.3d 631 (1995)

Lonnie L. WHARF, Plaintiff-Appellee, v. BURLINGTON NORTHERN RAILROAD COMPANY, a corporation, Defendant-Appellant. Lonnie L. WHARF, Plaintiff-Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 21, 1995.

Attorney(s) appearing for the Case

David M. Reeve, Kroschel & Associates, Bellevue, WA, for defendant-appellant-cross-appellee.

Fred Diamondstone, Groshong, Lehet & Thornton, Seattle, WA, for plaintiff-appellee-cross-appellant.

Before: WRIGHT, HALL, and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

OVERVIEW

Lonnie L. Wharf ("Wharf") sued his employer, Burlington Northern Railroad ("Burlington"), under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51-60, after a workplace injury to a finger on his left hand. A jury trial was conducted by a magistrate of the United States District Court for the Eastern District of Washington. The jury, finding that Burlington's negligence had caused the injury, awarded...

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