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DANNELS v. BNSF RY. CO.

DA 19-0343.

483 P.3d 495 (2021)

2021 MT 71

Robert DANNELS, Plaintiff and Appellee, v. BNSF RAILWAY COMPANY, Defendant and Appellant.

Supreme Court of Montana.

Decided: March 23, 2021.

Attorney(s) appearing for the Case

For Appellant: Andrew S. Tulumello (argued), Gibson, Dunn & Crutcher LLP, Washington, District of Columbia Jeff Hedger , Michelle T. Friend , Hedger Friend, P.L.L.C., Billings, Montana.

For Appellee: Deepak Gupta (argued), Lark Turner , Gupta Wessler PLLC, Washington, District of Columbia Dennis P. Conner , Keith D. Marr , Conner & Marr, PLLP, Great Falls, Montana.

For Amicus Association of American Railroads: Anthony M. Nicastro , Knight Nicastro MacKay, LLC, Billings, Montana For Amicus Washington Legal Foundation: Mark D. Parker , Samantha A. Howard , Parker, Heitz & Cosgrove, PLLC, Billings, Montana.

¶1 Defendant and Appellant BNSF Railway Company (BNSF) appeals the orders of the Eighth Judicial District Court, Cascade County, denying BNSF summary judgment and entering final judgment in favor of Plaintiff and Appellee Robert Dannels. We address the following issue:

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