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BNSF RY. CO. v. BROTHERHOOD OF MAINTENANCE OF WAY

No. 4:07-CV-017-A.

523 F.Supp.2d 498 (2007)

BNSF RAILWAY COMPANY, Plaintiff, v. BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, Defendant.

United States District Court, N.D. Texas, Fort Worth Division.

November 16, 2007.

Attorney(s) appearing for the Case

Donald J. Munro, Goodwin Proctor, Washington, DC, David M. Pryor, BNSF Railway Company, Jeffrey R. Grable, Kelly, Hart & Hallman, Fort Worth, TX, for Plaintiff.

Sanford R. Denison, Baab & Denison, Dallas, TX, Richard S. Edelman, O'Donnell, Schwartz & Anderson, Washington, DC, for Defendant.

MEMORANDUM OPINION and ORDER

JOHN McBRYDE, District Judge.

For the reasons expressed below, the court has concluded that the motion for summary judgment filed by plaintiff, BNSF Railway Company, ("BNSF") should be granted, that the counter-motion for summary judgment filed by defendant, Brotherhood of Maintenance of Way Employees Division/IBT, ("Brotherhood") should be denied, and that Award Nos. 36983 (pertaining to claimant R.D. Pakarinen...

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