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SECURITY FIRST BANK v. BURLINGTON NORTHERN

No. 7:01CV3247.

213 F.Supp.2d 1087 (2002)

The SECURITY FIRST BANK, Conservator of the Estate of Shane R. Norman, A Minor, Plaintiff, v. BURLINGTON NORTHERN and Santa Fe Railway Company, A Foreign Corporation, Defendant. Burlington Northern and Santa Fe Railway Company, Defendant and Third-Party Plaintiff, v. Fred A. Lockwood, Special Administrator of the Estate of Ben C. Norman, Third-Party Defendant. Burlington Northern and Santa Fe Railway Company, Defendant and Third-Party Plaintiff, v. County of Dawes, A Political Subdivision of the State of Nebraska, Third-Party Defendant.

United States District Court, D. Nebraska.

August 2, 2002.

Attorney(s) appearing for the Case

Patrick M. Connealy, Crites, Shaffer Law Firm, Chadron, NE, Michael J. Javoronok, Javoronok Law Firm, Scottsbluff, NE, Counsel for Security First Bank, Shane R. Norman.

Thomas C. Sattler, Wolfe, Snowden Law Firm, Lincoln, NE, Counsel for Burlington Northern and Santa Fe Railway.

Leland K. Kovarik, Jr., Holtorf, Kovarik Law Firm, Gering, NE, Counsel for Fred Lockwood, Special Administrator of the estate of Ben C. Norman.

Vincent Valentino, Angle, Murphy Law Firm, York, NE, Counsel for County of Dawes, a Political Subdivision of the State of Nebraska.

MEMORANDUM AND ORDER

KOPF, District Judge.

This matter is before the court upon the motion for partial summary judgment (filing 27) filed by the defendant and third-party plaintiff, Burlington Northern and Santa Fe Railway Company (BNSF), and upon the motion to dismiss (filing 48) filed by the third-party defendant, County of Dawes (County). Both motions will be granted in part and denied in part.

This action stems from a railroad crossing accident...

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