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LEE v. BURLINGTON NORTHERN SANTA FE RAILWAY

No. 99-35790.

245 F.3d 1102 (2001)

Stacey Thomas LEE, Plaintiff-Appellant, v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2001

Attorney(s) appearing for the Case

Joe Bottomly, Bottomly Law Offices, Kalispell, Montana; James Carey, Erik Thueson, Thueson & Lamb, Helena, Montana, for the plaintiff-appellant.

Randy J. Cox, Ross D. Tillman, Boone Karlberg & Haddon, Missoula, Montana, for the defendant-appellee.

Before: STEPHEN REINHARDT, KIM McLANE WARDLAW, and RONALD M. GOULD, Circuit Judges.

Argued and Submitted February 16, 2001 — Seattle, Washington

RONALD M. GOULD, Circuit Judge:

This case involves an action for damages against a railroad asserting an alleged failure to maintain adequate warning devices at a grade crossing near Columbia Falls, Montana. After appellant Stacey Thomas Lee ("Lee") was injured in a collision with a train, he sued Burlington Northern Santa Fe ("BNSF"), the train's owner and operator. Lee contended that the...

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