DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

051921P.pdf   06/07/2006  Jeffrey J. Niemiec  v.  Union Pacific RR
   U.S. Court of Appeals Case No:  05-1921
   District of Nebraska   
   [PUBLISHED] [Smith, Author, with John R. Gibson and Smith, Circuit Judges]
   Civil case - Federal Employer's Liability Act. District court did not
   plainly err in giving a failure-to-mitigate damages instruction; evidence in
   the record supported the jury's verdict and the $200,000 award was not so
   small that it shocks the conscience or appears to be the result of passion
   or prejudice against plaintiff.