Legal Opinion

Stallings v. Burlington Northern Santa Fe Railway

District Court, D. New Mexico

Decided September 26, 2016No. CIV 15-1014 JB/WPLPublished

1Opinion of the Court

MEMORANDUM OPINION1

James O. Browning, United States District Judge

THIS MATTER comes before the Court on Defendant BNSF Railway Company’s Fed. R. Civ. P. 12(B)(1) Motion to Dismiss for Lack of Subject-Matter Jurisdiction and Memorandum Brief in Support Thereof, filed January 7, 2016 (Doc. 13)(“Motion to Dismiss”). The Court held a hearing on April 12, 2016. The primary issue—with respect to a decision by a Public Law Board (“PL Board”) affirming the termination of Plaintiff Aaron Stallings’ employment with Defendant Burlington Northern Santa Fe Railway2—is whether Stallings has alleged: (i)…

2Cases cited34 opinions

  1. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  2. John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1981
  3. Mortensen v. First Federal Savings & Loan Ass'nCourt of Appeals for the Third Circuit · 1977
  4. Elgin, Joliet & Eastern Railway Co. v. BurleySupreme Court of the United States · 1945
  5. David Holt, as Personal Representative of the Estates of James W. Holt and Joan Holt, Deceased v. United StatesCourt of Appeals for the Tenth Circuit · 1995

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