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VAN BURDEN v. BURLINGTON NORTHERN SANTA FE RY. CO.

No. 4:06CV3295.

544 F.Supp.2d 867 (2008)

Timothy L. VAN BUREN Sr., Plaintiff, v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY, a Corporation, Defendant.

United States District Court, D. Nebraska.

April 8, 2008.

Attorney(s) appearing for the Case

E. Terry Sibbernsen, Sibbernsen, Strigenz Law Firm, Jeffrey B. Farnham, Farnham Law Firm, Omaha, NE, for Plaintiff.

Nichole S. Bogen, Thomas C. Sattler, Wolfe, Snowden Law Finn, Lincoln, NE, for Defendant.

MEMORANDUM AND ORDER

RICHARD G. KOPF, District Judge.

Timothy Van Buren's pickup collided with a Burlington Northern Santa Fe Railway ("BNSF") train at a railroad crossing. BNSF filed an earlier motion for summary judgment shortly before the President signed a law amending the relevant preemption statute, 49 U.S.C. § 20106. Because BNSF addressed the amendment to the preemption statute only in its...

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