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MAGDALENO v. BURLINGTON NORTHERN R. CO.

No. Civ.A. 96-B-2530.

5 F.Supp.2d 899 (1998)

Raul MAGDALENO, Plaintiff, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant.

United States District Court, D. Colorado.

March 2, 1998.

Attorney(s) appearing for the Case

Donald F. D'Antuono, Waltz, D'Antuono & Coan, Denver, CO, Gary K. Wood, Cheryl A. Rose, Dan A. Ribble, Youngdahl, Sadin & Morgan, P.C., Denver, CO, William Kvas, Hunegs, Stone, Koenig, LeNeave & Kvas, P.A., Minneapolis, MN, for Plaintiff.

Frederick T. Martinez, Walter J. Downing, Knudssen, Berkheimer, Richardson, Endacott & Routh, Denver, CO, for Defendant.

ORDER

BABCOCK, District Judge.

Defendant, Burlington Northern Railroad Company (BNRC), pursuant to Fed.R.Evid. 104, 401, 402, and 702, moves for an order excluding certain evidence that plaintiff intends to introduce at trial. The evidence emanates from Stephen Konz, Ph.D. (Dr. Konz), a retired Professor of Industrial Engineering and an expert in the field of ergonomics. During the pretrial conference of February 26, 1998, the parties declined the court...

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