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NORDGREN v. BURLINGTON NORTHERN R. COMPANY

No. 95-3390.

101 F.3d 1246 (1996)

Robert M. NORDGREN, Plaintiff-Appellee, v. BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 2, 1996.

Rehearing and Suggestion for Rehearing Denied January 16, 1997.

Attorney(s) appearing for the Case

Charles Glaston Cole, Washington, DC, argued (Sara E. Hauptfuehrer and F. Franklin Amanat, on the brief), for Defendant-Appellant.

Don Charles Aldrich, Minneapolis, MN, argued, for Plaintiff-Appellee.

Before McMILLIAN, BEAM, and HANSEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied January 16, 1997.

HANSEN, Circuit Judge.

This is an interlocutory appeal pursuant to 28 U.S.C. § 1292(b) from an order denying the Burlington Northern Railroad Company's (BN) motion to amend its answer to assert a state-law counterclaim for property damages. The question before us is whether the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60, precludes BN from asserting a counterclaim...

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