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MAGNUSON v. BURLINGTON NORTHERN, INC.

No. CV-75-52-BLG.

413 F.Supp. 870 (1976)

Harold R. MAGNUSON, Plaintiff, v. BURLINGTON NORTHERN, INC., a corporation, et al., Defendants.

United States District Court, D. Montana, Billings Division.

May 21, 1976.

Attorney(s) appearing for the Case

John C. Hoyt, Hoyt & Bottomly, Great Falls, Mont., for plaintiff.

Bruce R. Toole, Crowley, Haughey, Hanson, Gallagher & Toole, Billings, Mont., for defendants.

OPINION AND ORDER

BATTIN, District Judge.

Presently pending is the defendants' effort to remove this action from state court; the plaintiff resists.

BACKGROUND FACTS.

The plaintiff, a train dispatcher, was on duty at the time of a collision between two trains near Havre. An investigative hearing was held shortly after the accident and resulted in the discharge of the plaintiff. The plaintiff alleges that he in no way caused the accident...

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