Legal Opinion
Magelky v. BNSF Railway Co.
District Court, D. North Dakota
Decided June 14, 2007No. 3:06-mj-00025PublishedCited by 1 opinion
1Opinion of the Court
ORDER DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
HOVLAND, Chief Judge.
Before the Court is the Plaintiffs “Motion for Partial Summary Judgment,” filed on April 24, 2007. The Defendant filed a response in opposition on May 30, 2007. A reply brief was submitted by the plaintiff on June 12, 2007. For the reasons set forth below, the motion is denied.
I. BACKGROUND
During the night of July 2, 2004, the plaintiff, Cindy Magelky, was a conductor on a two-person crew operating a coal train for the Burlington Northern and Santa Fe Railway Company (BNSF). The train departed Mandan, North…
2Cases cited20 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
- Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
- Phil Quick v. Donaldson Company, Inc.Court of Appeals for the Eighth Circuit · 1996
- United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
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3Cited by1 opinion
- Magelky v. BNSF Railway Co.District Court, D. North Dakota · 2008