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SAUER v. BURLINGTON NORTHERN R. CO.

No. 95-1153.

106 F.3d 1490 (1996)

Steven V. SAUER, Plaintiff-Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Ordered Published February 14, 1997.

Attorney(s) appearing for the Case

Norman R. Mueller, of Haddon, Morgan & Foreman, P.C., Denver, CO (Ty Gee, of Haddon, Morgan & Foreman, P.C., Denver, CO; and James L. Cox, Jr., of Morrisard, Rossi, Cox, Kiker & Inderwish, P.C., Aurora, CO, with him on the brief), for appellant.

Bennett Evan Cooper, of Steptoe & Johnson, Washington, D.C. (Charles G. Cole, of Steptoe & Johnson, Washington, D.C.; and Thomas L. Beam, of Knudsen, Berkheimer, Richardson & Endacott, Denver, CO, with him on the brief), for appellee.

Before BALDOCK, LOGAN and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Steven V. Sauer, a railroad worker employed by Burlington Northern Railroad Company (BN), appeals from the judgment entered on his personal injury claims against BN under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60. He contends (1) the district court erred by refusing to instruct the jury that assumption of the risk is not a defense under FELA, (2) expert testimony apportioning his injuries between a preexisting...

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