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LIBERA v. BURLINGTON NORTHERN R. CO.

No. C5-86-993.

394 N.W.2d 827 (1986)

George A. LIBERA, Respondent, v. BURLINGTON NORTHERN RAILROAD COMPANY, Appellant.

Court of Appeals of Minnesota.

October 28, 1986.

Attorney(s) appearing for the Case

Charles P. Steinbauer, Brainerd, for respondent.

Richard V. Wicka, Burlington Northern R. Co., St. Paul, for appellant.

Heard, considered and decided by PARKER, P.J., and FORSBERG and LESLIE, JJ.

OPINION

PARKER, Judge.

This appeal is from a judgment of dismissal. Burlington Northern moved for costs, disbursements, attorney's fees and witness fees pursuant to Minn.Stat. § 549.21. The motion was denied, and Burlington Northern appeals. We affirm.

FACTS

George Libera is employed as a clerk by Burlington Northern Railroad in Brainerd, Minnesota. On May 16, 1985, Libera telephoned his supervisor to report that he would be absent...

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