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  5. 33 F.Supp.2d 1174 (1999)
 

DAUGHTRY v. UNION CENT. LIFE INS. CO.

No. CIV 97-2102 PHX PGR.

33 F.Supp.2d 1174 (1999)

Roger DAUGHTRY, Plaintiff, v. UNION CENTRAL LIFE INSURANCE COMPANY; Union Pacific Railroad, Defendants. Union Central Life Insurance Company, Counterclaimant, v. Roger Daughtry, Counterdefendant.

United States District Court, D. Arizona.

January 7, 1999.

Attorney(s) appearing for the Case

Stuart J. Reilly, Phoenix, AZ, for plaintiff.

William M. Demlong, Bess, Kunz, Phoenix, AZ, for defendants.

ORDER

ROSENBLATT, District Judge.

I. BACKGROUND

Plaintiff Roger Daughtry ("Plaintiff"), a train locomotive engineer, was injured on the job on January 25, 1993 in Phoenix, Arizona, when he was over-taken by fumes. As a result of his injury, Plaintiff filed a lawsuit under the Federal Employers' Liability Act ("FELA") against Southern Pacific Transportation Company ("SP"), claiming damages arising out of the incident. Eventually, Plaintiff...

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