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MITCHELL v. UNION PACIFIC RAILROAD COMPANY

No. ED 94003.

318 S.W.3d 232 (2010)

Thurston MITCHELL, Appellant, v. UNION PACIFIC RAILROAD COMPANY, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

Application for Transfer to Supreme Court Denied August 3, 2010.

Application for Transfer Denied September 21, 2010.

Attorney(s) appearing for the Case

Drew C. Baebler , James E. Hopkins, Jr. , Bauer & Baebler, P.C., St. Louis, MO, for appellant.

James W. Erwin , Nicholas J. Lamb , Booker T. Shaw , Thompson Coburn LLP, St. Louis, MO, for respondent.

Before: KURT S. ODENWALD, P.J., GEORGE W. DRAPER, III, J., and GARY M. GAERTNER, JR., J.

Order

PER CURIAM.

Plaintiff Thurston Mitchell (Plaintiff) appeals from the judgment of the Circuit Court for the City of St. Louis dismissing his suit under the Federal Employers' Liability Act (FELA) against the defendant, Union Pacific Railroad Company (Railroad), based on forum non conveniens. The trial court granted Railroad's motion to dismiss, finding that under all the facts, it would be too burdensome to require Railroad to defend the...

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