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POOLE v. BURLINGTON NORTHERN R. CO.

No. 4:96CV3035.

987 F.Supp. 753 (1997)

Timothy H. POOLE, Plaintiff, v. BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, Defendant.

United States District Court, D. Nebraska.

June 16, 1997.

Attorney(s) appearing for the Case

James L. Cox, Jr., Morrisard, Rossi, Cox, Kiker & Inderwish, Aurora, CO, for plaintiff.

Charles W. Shewmake, Burlington Northern Railroad Company, Fort Worth, TX, Douglas J. Peterson, Knudsen, Berkheimer, Richardson & Endacott, Lincoln, NE, for defendant.

MEMORANDUM AND ORDER

KOPF, District Judge.

Timothy Poole, a former employee of defendant Burlington Northern Railroad Company ("BN"), brings this action under Nebraska law for damages and equitable remedies arising out of BN's termination of Poole's employment after Poole allegedly had alcohol on his breath while on railroad property at a time when Poole was off duty. In this diversity action, Poole alleges that BN's investigation and termination of him...

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