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CAMPBELL v. BNSF RY. CO.

Case No. 4:09-cv-49.

753 F.Supp.2d 948 (2010)

Robert C. CAMPBELL and Brenda Southern, individually and as husband and wife, Plaintiffs, v. BNSF RAILWAY COMPANY, a Delaware corporation; Roland S. Pederson; KC Transport, LLC, a Montana corporation; and Berthold Farmers' Elevator LLC, a North Dakota corporation, Defendants.

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

December 2, 2010.

Attorney(s) appearing for the Case

Cortney S. Leneave, Hunegs Leneave & Kvas PA, Minneapolis, MN, for Plaintiffs.

James S. Hill, Zuger Kirmis & Smith, Steven A. Storslee, Storslee Law Firm, Bismarck, ND, Thomas J. Evenson, Thomas D. Jensen, Lind Jensen Sullivan & Peterson, P.A., Minneapolis, MN, for Defendants.

ORDER DENYING DEFENDANTS' MOTIONS FOR PARTIAL SUMMARY JUDGMENT

DANIEL L. HOVLAND, District Judge.

Before the Court is Defendant Berthold Farmers' Elevator LLC's motion for partial summary judgment filed on August 24, 2010. See Docket No. 55. The Plaintiffs filed a response in opposition to the motion on September 10, 2010. See Docket No. 62. Defendant BNSF Railway Company filed a response taking no position on the motion on September 14, 2010...

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