BNSF Railway Co. v. L.B. Foster Co.

MEMORANDUM AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

WARREN K. URBOM, Senior District Judge.

The plaintiff, BNSF Railway Company (BNSF), filed a six-count amended complaint against the defendant, L.B. Foster Company (L.B. Foster), on August 5, 2011. (ECF No. 15.) Now before me is L.B. Foster’s motion for summary judgment. (ECF No. 43.) For the following reasons, I find that L.B. Foster’s motion must be granted.

I. BACKGROUND1

BNSF is a Delaware corporation. (Def.’s Statement of Material Facts (Def.’s Facts) ¶ 11, ECF No. 45.) Though its principal place of business is located in Fort…