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RICHARDSON v. MISSOURI PACIFIC R. CO.

No. 97-7139.

186 F.3d 1273 (1999)

Ernest RICHARDSON, Plaintiff-Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, a railroad corporation d/b/a Union Pacific Railroad Company, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 9, 1999.

Attorney(s) appearing for the Case

Edward J. Kionka, Carbondale, Illinois, for Plaintiff-Appellant.

Jeannie C. Henry (Tom L. Armstrong and Catherine M. Doud, with her on the brief), of Tom L. Armstrong & Associates, Tulsa, Oklahoma, for Defendant-Appellee.

Before KELLY, BRISCOE, and LUCERO, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant Ernest Richardson brought this action against Defendant-Appellee, Missouri Pacific Railroad Company d/b/a Union Pacific Railroad Company ("Union Pacific"), under the Boiler Inspection Act, 49 U.S.C. §§ 20701-03 ("BIA"), formerly 45 U.S.C. § 23. Violations of this statute are brought under FELA; the purpose of these provisions is to protect railroad employees by imposing "`an absolute and continuing...

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