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COWDEN v. BNSF RY. CO.

No. 11-2003.

690 F.3d 884 (2012)

Kevin D. COWDEN, Plaintiff-Appellant v. BNSF RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 4, 2012.

Attorney(s) appearing for the Case

Michael A. Wolff , argued, Jerome Schlichter , Roger C. Denton , Nelson G. Wolff , on the brief, St. Louis, MO, for Appellant.

Thomas Everett Jones , argued, Belleville, IL, for Appellee.

Before MELLOY, SMITH, and SHEPHERD, Circuit Judges.

MELLOY, Circuit Judge.

Kevin D. Cowden sustained injuries while riding in a locomotive operated by his employer, BNSF Railway Company. Cowden brought suit seeking compensation under the Federal Employer's Liability Act (FELA), 45 U.S.C. § 51 et seq. The district court concluded that relevant regulations promulgated under the Federal Railroad Safety Act (FRSA), 49 U.S.C. § 20101, et seq., provided the sole duty of care owed to Cowden in relation to his

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