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HAWORTH v. BURLINGTON NORTHERN & SANTA FE RY. CO.

No. CS-02-0344-JLQ.

281 F.Supp.2d 1207 (2003)

William E. HAWORTH, Plaintiff, v. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, Defendant.

United States District Court, E.D. Washington.

August 19, 2003.

Attorney(s) appearing for the Case

James K. Vucinovich, Yaeger, Jungbauer, Barczak & Vucinovich, Bellevue, WA, for William E Haworth, plaintiff.

Daniel Louis Kinerk, Gibson Kinerk, LLP, Bellevue, WA, for the Burlington Northern and Santa Fe Railway Company, a Delaware corporation, defendant.

ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

QUACKENBUSH, Senior District Judge.

BEFORE THE COURT is Plaintiff's Motion for Summary Judgment (Ct. Rec.15). Plaintiff seeks to establish Defendant's liability as a matter of law under the Locomotive Inspection Act, 49 U.S.C. § 20701 et seq. Plaintiff also seeks to preclude Defendant's affirmative defense of contributory negligence. Plaintiff is represented by James K. Vucinovich....

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