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HECKMAN v. BURLINGTON NORTHERN SANTA FE RAILWAY CO.

No. S-12-335.

837 N.W.2d 532 (2013)

286 Neb. 453

Eddie HECKMAN, Appellee, v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY, Appellant.

Supreme Court of Nebraska.

August 16, 2013.

Attorney(s) appearing for the Case

Nichole S. Bogen and Thomas C. Sattler , of Sattler & Bogen, L.L.P., for appellant.

Andrew W. Snyder and Maren L. Chaloupka , of Chaloupka, Holyoke, Snyder, Chaloupka, Longoria & Kishiyama, P.C., L.L.O., for appellee.

Kathryn Keneally , Assistant Attorney General, Deborah R. Gilg , U.S. Attorney, Robert L. Homan , Assistant U.S. Attorney, and Jonathan S. Cohen and Marion E.M. Erickson , of U.S. Department of Justice, Tax Division, Appellate Section, for amicus curiae United States of America.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, McCORMACK, MILLER-LERMAN, and CASSEL, JJ.

WRIGHT, J.

I. NATURE OF CASE

Pursuant to the Federal Employers' Liability Act (FELA), Eddie Heckman was awarded $145,000 in damages for on-the-job injuries sustained while working for Burlington Northern Santa Fe Railway Company (BNSF). BNSF paid the judgment, but withheld $6,202.70 as Heckman's share of Railroad Retirement Tax Act (RRTA) payroll taxes on the entire general verdict award. The district court overruled BNSF's "Motion for Satisfaction and Discharge...

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