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LUSBY v. BURLINGTON NORTHERN AND SANTA FE RY. CO.

No. A3-00-47.

149 F.Supp.2d 905 (2000)

Parrish W. LUSBY, Plaintiff, v. The BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware Corporation, Defendant.

United States District Court, D. North Dakota, Southeastern Division.

August 21, 2000.

MEMORANDUM AND ORDER

WEBB, Chief Judge.

I INTRODUCTION

Before the court is defendant's motion to dismiss. Plaintiff opposes the motion.

II BACKGROUND

On September 23, 1998, the plaintiff, Parish Lusby, was injured while working for the defendant, Burlington Northern and Santa Fe Railway Company ("BNSF"). On October 26, 1998, he entered into a "Release and Settlement...

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