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LANCASTER v. BNSF RY. CO.

No. 21-3366.

75 F.4th 967 (2023)

Rebecca G. LANCASTER, as the Executrix of the Estate of James L. Lancaster, deceased, Plaintiff-Appellant v. BNSF RAILWAY COMPANY, formerly doing business as Burlington Northern and Santa Fe Railway Company, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 2, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Jonathan Theodore Sternberg , of Kansas City, MO. The following attorney also appeared on the appellant brief; Shawn M. Sassaman , of Conshohocken, PA.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Dale Schowengerdt , of Helena, MT.

Before SHEPHERD, STRAS, and KOBES, Circuit Judges.

James Lancaster, a former BNSF Railway Company employee, died from lung cancer in 2018. Rebecca Lancaster, on behalf of her late husband's estate, brought this wrongful death action against BNSF under the Federal Employers' Liability Act (FELA), alleging James's cancer was caused by his exposure to toxins at work. The district...

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