PER CURIAM.
After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.
Plaintiff, Brock Zimmerman, filed a petition in an Oklahoma state court against the Atchison, Topeka and Santa Fe Railway Company. Count I of the petition alleged,...
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