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HYSTEN v. BURLINGTON NORTHERN SANTA FE RY. CO.

No. 90,730

277 Kan. 551 (2004)

85 P.3d 1183

LARRY D. HYSTEN, Plaintiff, v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY, Defendant.

Supreme Court of Kansas.

Opinion filed March 19, 2004.

Attorney(s) appearing for the Case

Alan V. Johnson, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, L.L.C., of Topeka, argued the cause, and Stephen D. Lanterman, of the same firm, was with him on the briefs for plaintiff.

David R. Cooper, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, argued the cause and was on the brief for defendant.

The opinion of the court was delivered by

BEIER, J.

This case comes to us on two certified questions from the United States Court of Appeals for the Tenth Circuit:

1. Independent of the Kansas alternative remedies doctrine, does Kansas law—including but not limited to Flenker v. Willamette Industries, Inc., 266 Kan. 198, 967 P.2d 295 (1998); Palmer v. Brown,

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