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DAVIS v. UNION PACIFIC R. CO.

Nos. 96-163, 96-031 and 96-115.

937 P.2d 27 (1997)

Nolan C. DAVIS, et al., Plaintiffs and Respondents, v. UNION PACIFIC RAILROAD COMPANY, Defendant and Appellant. Robert W. HULL, Plaintiff and Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, a corporation, Defendant and Respondent. Michael P. MIESEN, Kyle J. Pointer, and John T. Samter, Plaintiffs and Respondents, v. BURLINGTON NORTHERN RAILROAD COMPANY, a corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided April 16, 1997.

Attorney(s) appearing for the Case

J. Daniel Hoven (argued); Browning, Kaleczyc, Berry & Hoven, Helena, and Thomas R. Jayne; Thompson & Mitchell, St. Louis, MO, for appellant Union Pacific Railroad Company.

Jeff Hedger; Kroschel and Yerger, Billings, for appellant Burlington Northern Railroad Company.

Alexander Blewett III (argued); Hoyt & Blewett, Great Falls, and Chas. C. Dearden; Attorney at Law, Whitefish, for appellant Robert W. Hull.

Frank B. Morrison, Jr. (argued) and Larry M. Elison; Morrisons, McCarthy & Moore, Whitefish, and James J. Shea; Bricker, Zakovics & Querin, Portland, OR, for respondents Davis, et al., Miesen, Pointer, and Samter.

Erik B. Thueson (argued), Michael F. Lamb, and John A. Kützman; Thueson & Lamb, Helena, for respondents Nelson and Carter.

Elizabeth A. Brennan and William A. Rossbach; Rossbach & Whiston, Missoula, for Montana Trial Lawyers Association.

Thomas E. Hattersley and Teri A. Walter; Gough, Shanahan, Johnson & Waterman, Helena, for Pegasus Gold Corporation, TVX Mineral Hill, Inc., Golden Sunlight Mines, Inc., Luzenac America, Inc., Stillwater Mining Company, Phelps Dodge Corporation, and Canyon Resources Corporation.

REGNIER, Justice.

The cases of Davis, et al. v. Union Pacific Railroad Company (hereinafter Union Pacific) and Hull, Miesen, Pointer, Samter, Nelson, and Carter v. Burlington Northern Railroad Company (hereinafter Burlington Northern) have been consolidated for our consideration since similar issues are raised in each case. These consolidated appeals involve railroad workers who have sued their employers for personal injuries under the Federal Employers Liability...

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