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DESPAIN v. BNSF RY. CO.

No. CV-15-08294-PCT-NVW.

186 F.Supp.3d 988 (2016)

Gary DESPAIN, Plaintiff, v. BNSF RAILWAY COMPANY, Defendant.

United States District Court, D. Arizona.

Signed May 13, 2016.

Attorney(s) appearing for the Case

Kristoffer S. Mayfield, Hildebrand McLeod & Nelson LLP, Oakland, CA, for Plaintiff.

Cristina M. Ciminelli, James J. Yukevich, Yukevich & Cavanaugh, Los Angeles, CA, Spencer Garrett Scharff, William Lee Thorpe, Thorpe Shwer PC, Phoenix, AZ, for Defendant.

ORDER

In 2010, Gary Despain filed a complaint with the Secretary of Labor against his employer, BNSF Railway Company ("BNSF Railway"), alleging retaliation in violation of the Federal Railroad Safety Act. Five years later, the Secretary still had not reached a final decision. Despain then brought...

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