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GOEBEL v. DENVER AND RIO GRANDE WESTERN R.R. CO.

No. 99-1143.

215 F.3d 1083 (2000)

Richard W. GOEBEL, Plaintiff-Appellee, v. DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a Delaware corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 12, 2000.

Attorney(s) appearing for the Case

Steven M. Weisbaum (and Lawrence M. Mann, Alper, Mann & Weisbaum, Washington, D.C. and Christopher B. Little, Montgomery, Little & McGrew, Englewood, Colorado, with him on the briefs), for Plaintiff—Appellee

James W. Erwin (and Thomas R. Jayne, Thompson, Coburn, St. Louis, Missouri, and Steven E. Napper, Union Pacific Railroad Co., Denver, Colorado, with him on the briefs), for Defendant—Appellant.

Before BALDOCK, KELLY, and BRISCOE, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

This case requires us to explore the gatekeeper function of the district court in determining the admissibility of expert witnesses under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). Appellant Denver and Rio Grande Western Railroad Company (hereinafter "Railroad") argues that the district court erred in admitting the testimony of Dr. Daniel...

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