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MAGELKY v. BNSF RY CO.

No. 1:06-CV-025.

491 F.Supp.2d 882 (2007)

Cindy M. MAGELKY, Plaintiff, v. BNSF RAILWAY COMPANY, a Corporation, Defendant.

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

June 14, 2007.

Attorney(s) appearing for the Case

David S. Maring, Anthony J. Weiler, Maring Williams Law Office, PC, Bismarck, ND, Michael P. McReynolds, Michael F. Tello, Tello & Associates, Anoka, MN, for Plaintiff.

James S. Hill, Zuger Kirmis & Smith, Bismarck, ND, for Defendant.

ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT

HOVLAND, Chief Judge.

Before the Court is the Plaintiff's "Motion for Partial Summary Judgment," filed on April 24, 2007. The Defendant filed a response in opposition on May 30, 2007. A reply brief was submitted by the plaintiff on June 12, 2007. For the reasons set forth below, the motion is denied.

I. BACKGROUND

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