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KRESEL v. BNSF RAILWAY COMPANY

Case No. 09-CV-2861 (PJS/SER).

DAVID KRESEL, Plaintiff, v. BNSF RAILWAY COMPANY and BURLINGTON NORTHERN SANTA FE CORPORATION, Defendants. BNSF RAILWAY COMPANY, Third-Party Plaintiff/Counterdefendant, v. AMERICAN CRYSTAL SUGAR COMPANY, Third-Party Defendant/Counterclaimant.

United States District Court, D. Minnesota.

April 15, 2011.

Attorney(s) appearing for the Case

Sal A. Spano , Paul B. Edelman , EDELMAN, KRASIN & JAYE PLLC; Michelle J. Looby , Jason S. Kilene , Daniel E. Gustafson , GUSTAFSON GLUEK PLLC, for plaintiff.

Alfonse J. Cocchiarella , Diane P. Gerth , Timothy K. Masterson , Megan K. Ricke , RICKE & SWEENEY, P.A., for defendant/third-party plaintiff/counterdefendant BNSF Railway Company.

Alfonse J. Cocchiarella , Megan K. Ricke , RICKE & SWEENEY, P.A., for defendant Burlington Northern Santa Fe Corporation.

Benjamin J. Hasbrouck , David P. Bunde , FREDRIKSON & BYRON, P.A., for third-party defendant/counterclaimant American Crystal Sugar Company.

ORDER

PATRICK J. SCHILTZ, District Judge.

Plaintiff David Kresel, an employee of third-party defendant American Crystal Sugar Company ("ACS"), was injured when he fell while operating a railroad switch that was located on the grounds of ACS's plant but that was owned and maintained by defendant BNSF Railway Company ("BNSF"). Kresel cannot sue ACS because of the exclusivity provisions of the Minnesota Worker's Compensation Act. Minn. Stat. § 176.031...

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