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NICHOLS v. BNSF RAILWAY COMPANY

No. 3:11CV00101 JLH.

BRIAN NICHOLS and WANDA NICHOLS, Husband and Wife, Plaintiffs, v. BNSF RAILWAY COMPANY d/b/a Burlington Northern and Santa Fe Railway Company, Defendant.

United States District Court, E.D. Arkansas, Jonesboro Division.

July 13, 2012.

Attorney(s) appearing for the Case

Brian Nichols, Plaintiff, represented by Bill E. Bracey, Jr. , Attorney at Law.

Wanda Nichols, wife of Brian Nichols, Plaintiff, represented by Bill E. Bracey, Jr. , Attorney at Law.

BNSF Railway Company, doing business as Burlington Northern Santa Fe Railway Company, Defendant, represented by Alfred F. Angulo, Jr. , Barrett & Deacon, P.A. — Fayetteville & Barry Deacon , Barrett & Deacon, P.A. — Jonesboro.

ORDER

J. LEON HOLMES, District Judge.

BNSF Railway Company has filed a motion for partial summary judgment. That motion is supported by documents reportedly from the files of the Arkansas State Highway Department. They are not, however, certified, nor is there an affidavit of authenticity. The plaintiffs have objected that the documents have not been authenticated. Although the defendant argues that the documents need not be authenticated...

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