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BNSF RY. CO. v. BUTTRICK

No. 1 CA-SA 11-0227.

268 P.3d 400 (2011)

BNSF RAILWAY COMPANY, a Delaware corporation, Petitioner, v. The Honorable John A. BUTTRICK, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Roy Crain, a married man, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department B.

December 29, 2011.

Attorney(s) appearing for the Case

Fennemore Craig, P.C. By Timothy J. Berg, Theresa Dwyer-Federhar, William L. Thorpe, Bradley D. Shwer, Phoenix, Attorneys for Petitioner.

Osborn Maledon, P.A. By Mark I. Harrison, Thomas L. Hudson, Jason J. Romero, Brandon A. Hale, Phoenix, Attorneys for Real Party in Interest.

OPINION

SWANN, Judge.

¶ 1 This case involves two proceedings in two forums. The first is an action pending in superior court in which Roy Crain is suing his employer, BNSF Railway Company, under the Federal Employers' Liability Act ("FELA") to recover damages for personal injuries sustained on the job (the "FELA action").

¶ 2 During the FELA litigation, BNSF asked Crain to submit medical...

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