H. Jerome Claar Ben Mar Maynard Young Donald Doll v. Burlington Northern Railroad Company, Dick Eggar Ray Ellison v. Burlington Northern Railroad Company

29 F.3d 499 63 USLW 2096 , 39 Fed. R. Evid. Serv. 911 H. Jerome CLAAR; Ben Mar; Maynard Young; Donald Doll, Plaintiffs-Appellants, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellee. Dick EGGAR; Ray Ellison, Plaintiffs-Appellants, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellee. Nos. 92-35337, 92-35539. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 15, 1993. Decided July 14, 1994. William A. Rossbach, Rossbach & Whiston, Missoula, MT, for plaintiffs-appellants. Richard S. Cornfield, Coburn, Croft & Putzell, St. Louis, MO, for defendant-appellee. Appeals from the United States District Court for the District of Montana. Before: GOODWIN, CANBY, and KOZINSKI, Circuit Judges. CANBY, Circuit Judge: 1 Plaintiffs Claar, Mar, Young, Doll, Eggar, and Ellison appeal the district court's grant of summary judgment for the defense in their action against their former employer, Burlington Northern Railroad, brought under the Federal Employees Liability Act (FELA), 45 U.S.C. Sec. 51 et seq. The district court held inadmissible the expert testimony that plaintiffs offered in support of their claims, and granted summary judgment because,…