Tyree v. Burlington Northern & Santa Fe Railway Co.

ORDER REMANDING CASE TO STATE COURT

McCALLA, District Judge.

Plaintiff, Jackie Glen Tyree, brings this action against his employer, Burlington Northern and Santa Fe Railway Company (“BNSF”), and Raymond S. Stimart, a superintendent at BNSF, for libel, malicious prosecution, and intentional and/or negligent infliction of emotional distress. Before the Court is defendants’ motion for summary judgment, filed April 30, 1997. Although the parties have not raised any questions regarding this Court’s jurisdiction, the Court is obliged to raise the issue sua sponte whenever it appears that the Court…