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BEUGLER v. BURLINGTON NORTHERN & SANTA FE RY. CO.

No. 06-5093.

490 F.3d 1224 (2007)

David BEUGLER and Diana Beugler, Plaintiffs-Appellants, v. BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 3, 2007.

Attorney(s) appearing for the Case

Charles W. Armbruster III, Michael T. Blotevogel, Gail G. Renshsaw, Wood River, IL, and Robert Mitchell, Oklahoma City, OK, for Plaintiffs-Appellants.

Juliet N. Brennan, A. Camp Bonds, Jr., Muskogee, OK, for Defendant-Appellee.

Before McCONNELL, McKAY, and TYMKOVICH, Circuit Judges.

McCONNELL, Circuit Judge.

While lifting a railroad crossing gate, appellant David Beugler, a railroad conductor for Union Pacific, injured his neck and back by turning his body in response to a truck horn. He sued another railroad, appellee Burlington Northern & Santa Fe Railway Company, for negligence, claiming that it was responsible for his injuries because he had to lift the gates while a Burlington Northern crew fixed a section of broken Union Pacific track...

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