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COOK v. SOO LINE RAILROAD COMPANY

No. DA 07-0726.

198 P.3d 310 (2008)

2008 MT 421

Jay COOK, Plaintiff and Appellant, v. SOO LINE RAILROAD COMPANY d/b/a Canadian Pacific Railway, Defendant and Appellee.

Supreme Court of Montana.

Decided December 16, 2008.

Attorney(s) appearing for the Case

For Appellant: Gregory T. Yaeger, Robert T. Dolan; Yaeger, Jungbauer, & Barczak, PLC; Minneapolis, Minnesota.

For Appellee: Randy J. Cox, Thomas J. Leonard; Boone Karlberg P.C.; Missoula, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Jay Cook ("Cook") appeals from an order entered in the First Judicial District Court, Lewis and Clark County, Montana, dismissing Cook's Federal Employers Liability Act ("FELA") claim in favor of Soo Line Railroad Company, d/b/a Canadian Pacific Railway ("Soo Line"), on the basis that an Illinois court's dismissal for interstate forum non conveniens was a final judgment entitled to full...

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