Legal Opinion

Spitzmueller v. Burlington Northern Railroad

District Court, D. Minnesota

Decided June 29, 1990No. Civ. 4-88-1039PublishedCited by 5 opinions

1Opinion of the Court

ORDER

ROSENBAUM, District Judge.

Defendant moves to dismiss this cause, pursuant to Rule 12(b), Federal Rules of Civil Procedure (Fed.R.Civ.P.) or, in the alternative, for summary judgment pursuant to Rule 56, Fed.R.Civ.P. The Court has considered affidavits and documents outside the pleadings and, therefore, treats defendant’s motion as one for summary judgment pursuant to Rule 56. Having considered these items and the arguments of counsel, the Court grants defendant’s motion for summary judgment.

Facts

In 1967, several railroads merged to become the Burlington Northern Railroad Company. The…

2Cases cited32 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Nader v. Allegheny Airlines, Inc.Supreme Court of the United States · 1976
  4. Buford v. TremayneCourt of Appeals for the Eighth Circuit · 1984
  5. Florenzano v. OlsonSupreme Court of Minnesota · 1986

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3Cited by5 opinions

  1. Bloom v. Hennepin CountyDistrict Court, D. Minnesota · 1992
  2. Chappell v. BUTTERFIELD-ODIN SCHOOL DISTRICT NO. 836District Court, D. Minnesota · 2009
  3. Whyte v. American Board of Physical Medicine & RehabilitationDistrict Court, D. Minnesota · 2005
  4. McClaine v. Independent School District No. 16Court of Appeals of Minnesota · 1993
  5. William A. Rilling v. Burlington Northern Railroad CompanyCourt of Appeals for the Ninth Circuit · 1994

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