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BELISLE v. BNSF RY. CO.

Case No. 08-2087-EFM.

697 F.Supp.2d 1233 (2010)

Justin R. BELISLE, Plaintiff, v. BNSF RAILWAY COMPANY, Defendant.

United States District Court, D. Kansas.

March 9, 2010.

Attorney(s) appearing for the Case

Charles W. Gordon, Jr., Christopher H. Leach, Hubbell, Peak, O'Neal, Napier & Leach, Kansas City, MO, for Plaintiff.

Angela L. Angotti, Leo L. Logan, William P. Coates, Jr., Coates & Logan, LLC, Overland Park, KS, James E. Roberts, BNSF Railway Company, Fort Worth, TX, for Defendant.

MEMORANDUM AND ORDER

ERIC F. MELGREN, District Judge.

On March 3, 2007, Belisle was employed by BNSF as a brakeman for a train that was preparing to depart its Newton, Kansas yard. As part of his duties, Belisle was assigned the task of preparing the end of the train for departure, which included, among other tasks, the installation, arming, and testing of a turbine powered end-of-train device ("ETD"), which attaches to the last car on the train. The train...

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