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HYSTEN v. BURLINGTON NORTHERN SANTA FE RY. CO.

No. CIV.A. 01-2296KHV.

372 F.Supp.2d 1246 (2005)

Larry D. HYSTEN, Plaintiff, v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY, Defendant.

United States District Court, D. Kansas.

June 10, 2005.

Attorney(s) appearing for the Case

Alan V. Johnson, Stephen D. Lanterman, Sloan, Listrom, Eisenbarth, Sloan & Glassman, LLC, Topeka, KS, for Plaintiff.

David R. Cooper, Fisher, Patterson, Sayler & Smith, Topeka, KS, for Defendant.

MEMORANDUM AND ORDER

VRATIL, District Judge.

Larry D. Hysten brings suit against his employer, the Burlington Northern Santa Fe Railway Company ("BNSF"), alleging that it terminated his employment for filing a claim under the Federal Employer's Liability Act ("FELA"). This matter is before the Court on defendant's Motion To Dismiss (Doc. # 45) and Motion For Summary Judgment (Doc. # 47), both filed February 3, 2005. For reasons stated...

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