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BURBACK v. BNSF RY. CO., INC.

Case No. CV-12-J-1987-S.

963 F.Supp.2d 1255 (2013)

Jeffrey A. BURBACK, Plaintiff, v. BNSF RAILWAY COMPANY, INC., et al., Defendants.

United States District Court, N.D. Alabama, Southern Division.

August 7, 2013.

Attorney(s) appearing for the Case

Richard E. Crum, Shealy, Crum & Pike, PC, Dothan, AL, for Plaintiff.

Michael W. Ray, Ronald W. Flowers, Jr., Burr & Forman, LLP, Birmingham, AL, for Defendants.

MEMORANDUM OPINION

INGE PRYTZ JOHNSON, Senior District Judge.

Pending before the court is the defendant's motion for summary judgment (doc. 20), memorandum and evidence in support of said motion (docs. 21 and 22), to which the plaintiff has failed to respond.1 Having considered the pleadings, evidence and memorandum of the defendant, the court finds as follows:

I. Factual Background

Plaintiff sues his...

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