Sullivan v. Scoular Grain Co. of Utah

TACHA, Circuit Judge.

Plaintiff-appellant Kenneth Sullivan appeals a district court order granting summary judgment in favor of defendants-ap-pellees Scoular Grain Company (Scoular), Scoular Grain Company of Utah (Scoular Grain Venture), and Freeport Center Associates (Freeport). On appeal, Sullivan argues the district court erred by finding that no issue of fact remains regarding whether the defendants are common carriers by railroad under the Federal Employer’s Liability Act (FELA or the Act). Sullivan also argues the district court erred by granting summary judgment in favor of Freeport on…