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MILLER v. UNION PACIFIC R. CO.

No. C052300.

53 Cal.Rptr.3d 893 (2007)

147 Cal.App.4th 451

Robert MILLER, Plaintiff and Appellant, v. UNION PACIFIC RAILROAD COMPANY, Defendant and Respondent.

Court of Appeal of California, Third District.

February 1, 2007.

Attorney(s) appearing for the Case

Larry Lockshin, Sacramento, Diana Esquivel, and Charlotte E. Costan for Plaintiff and Appellant.

Reed Smith and Joseph P. Mascovich; Michael L. Whitcomb, Montery Park, and William H. Pohle, Roseville, for Defendant and Respondent.

Certified for Partial Publication.*

ROBIE, J.

Plaintiff Robert Miller filed suit in state court under the Federal Employers' Liability Act (FELA) (45 U.S.C. § 51 et seq.) seeking recovery for injuries he sustained while working for defendant Union Pacific Railroad Company (Union Pacific). Miller prevailed at trial and sought to recover approximately $73,000 in expert witness fees under Code of Civil Procedure

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