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KINDRED v. BURLINGTON NORTHERN R.R. CO.

1971419.

742 So.2d 155 (1999)

Lamar KINDRED v. BURLINGTON NORTHERN RAILROAD COMPANY.

Supreme Court of Alabama.

Rehearing Denied August 6, 1999.

Attorney(s) appearing for the Case

Ronald T. Dudley, Jr., of Environmental Litigation Group, P.C., Birmingham, for appellant.

Turner B. Williams and J. Clinton Pittman of Sadler, Sullivan, Sharp & Van Tassel, P.C., Birmingham, for appellee.

COOK, Justice.

In July 1995, Lamar Kindred was diagnosed with asbestosis, an inflammation of the lungs caused by the inhalation of asbestos particles. In September 1995, he sued Burlington Northern Railroad Company under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. ("FELA"). The plaintiff alleged that he was suffering from asbestosis because of his exposure to asbestos in the line and scope of his employment with St. Louis-San Francisco Railway...

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