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JAMES v. BURLINGTON NORTHERN SANTA FE RY. CO.

No. CV05-04106-PCT-NVW.

636 F.Supp.2d 961 (2007)

Harold JAMES, Peter Castillo, and Lee H. Manygoats, Plaintiffs, v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY; John Does I-V, husbands and wives; Black Partnerships I-V; and White Corporations I-V, Defendants. Burlington Northern Santa Fe Railway Company, a Delaware Corporation, Third Party Plaintiff, v. A-Ceco Equipment Company, Inc., an Arizona corporation; Zurich North America d/b/a Steadfast Insurance Company, a Texas corporation; John Doe VI; Black & White Corporations VI-X, Third Party Defendants.

United States District Court, D. Arizona.

August 27, 2007.

Attorney(s) appearing for the Case

David A. Thomson, Law Offices of David A. Thomson, Phoenix, AZ, Mark T. Berry, Jones & Granger, Houston, TX, for Plaintiffs.

Melissa Wilson Rawlinson, William Lee Thorpe, Sal James Rivera, Fennemore Craig PC, Phoenix, AZ, for Defendants/Third Party Plaintiff.

Charles Michael Callahan, Holloway Odegard Forrest Kelly & Kasparek PC, James W. Evans, James Randall Jue, William H. Doyle, Doyle Berman Gallenstein Pc, Phoenix, AZ, for Third Party Defendants.

ORDER

NEIL V. WAKE, District Judge.

The court has before it Third Party Plaintiff Burlington Northern Santa Fe Railway Company's ("BNSF's" or "Railroad's") Motion for Summary Judgment (doc. # 82), and supporting Statement of Facts ("BSOF") (doc. # 83); Third Party Defendant A-Ceco Equipment Company's ("A-Ceco's") Response (doc. # 108) and supporting Statement of Facts ("ASOF") (doc. # 109); and the Reply (doc. # 119).

The Motion will be denied because...

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