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ROBB v. BURLINGTON NORTHERN AND SANTA FE RY. CO.

No. 98 C 2591.

100 F.Supp.2d 867 (2000)

David A. ROBB, Plaintiff, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY and Union Tank Car Company, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

June 13, 2000.

Attorney(s) appearing for the Case

John S. Bishof, Jr., Yaeger, Jungbauer, Barczak & Roe, Ltd., Chicago, IL, Ronald J. Barczak, Yaeger, Jungbauer, Barczak & Roe, Ltd., Minneapolis, MN, for Plaintiff.

Kenneth J. Wysoglad, Kenneth J. Wysoglad & Assoc., John F. Newell, Chicago, IL, for Defendant.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

David Robb lost his foot after he was injured during a switching job in East Yard of the the Burlington Northern and Santa Fe Railway Company (the "Railway") in Eola, Illinois. He sued the Railway under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. (FELA) (Count I), the Federal Safety Appliance Act, 49 U.S.C. § 20301, et seq. (FSAA) (Count II),

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