SPITZMUELLER v. BURLINGTON NORTHERN R. CO.

Civ. No. 4-88-1039.

740 F.Supp. 671 (1990)

John R. SPITZMUELLER v. BURLINGTON NORTHERN RAILROAD CO.

United States District Court, D. Minnesota, Fourth Division.

June 29, 1990.


Attorney(s) appearing for the Case

Phyllis Karasov, John M. Harens, and James A. Bobzien, Moore, Costello & Hart, St. Paul, Minn., for plaintiff.

Thomas J. Knapp and Lawrence M. Stroik, Ft. Worth, Tex., and Thomas W. Spence, St. Paul, Minn., for defendant.


ORDER

ROSENBAUM, District Judge.

Defendant moves to dismiss this cause, pursuant to Rule 12(b), Federal Rules of Civil Procedure (Fed.R.Civ.P.) or, in the alternative, for summary judgment pursuant to Rule 56, Fed.R.Civ.P. The Court has considered affidavits and documents outside the pleadings and, therefore, treats defendant's motion as one for summary judgment pursuant to Rule 56. Having considered these items and the arguments of counsel, the Court grants...

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