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United States Tenth Circuit


SMITH v. UNION PACIFIC RAILROAD COMPANY, 99-7062

A railroad employee's sleep disorder and accompanying physical and emotional maladies caused by his rotating work schedule are not compensable under Federal Employers' Liability Act because he is not within the "zone of danger" of physical impact.

Appellate Information

  • Decided 12/07/2000
  • Published 12/07/2000

Judges

  • SEYMOUR, Chief Judge., Before SEYMOUR, Chief Judge, KELLY and LUCERO, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellees:
  • Tom L. Armstrong (Carey C. Calvert, Ryan Robertson and George Mullican with him on the briefs) of Tom L. Armstrong & Associates, Tulsa, OK, for Defendant-Appellant and Cross-Appellee., Timothy O. O'Sullivan of St. Louis, MO (Robert H. Mitchell and Jon Michael Belanger of Robert H. Mitchell & Associates, with him on the brief), for Plaintiff-Appellee and Cross-Appellant.
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