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WAGNER v. UNION PACIFIC R. CO.

No. A-00-1020.

642 N.W.2d 821 (2002)

11 Neb. App. 1

Wayne WAGNER, Appellee, v. UNION PACIFIC RAILROAD COMPANY, Appellant.

Court of Appeals of Nebraska.

March 26, 2002.

Attorney(s) appearing for the Case

Steven W. Olsen, of Simmons, Olsen, Ediger, Selzer, Ferguson & Carney, P.C., Scottsbluff, for appellant.

Robert G. Pahlke of Van Steenberg, Chaloupka, Mullin, Holyoke, Pahlke, Smith, Snyder & Hofmeister, Scottsbluff, and Roger C. Denton, of Schlichter, Bogard & Denton, for appellee.

HANNON, SIEVERS, and MOORE, Judges.

MOORE, Judge.

I. INTRODUCTION

Wayne Wagner filed suit in the district court for Scotts Bluff County against his employer, the Union Pacific Railroad Company (Railroad), seeking damages under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq. (1994), and the Boiler Inspection Act (BIA), 49 U.S.C. § 20701 et seq. (1994), for injuries sustained in a work-related incident on March 1, 1998. After the trial court sustained Wagner's motion...

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