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KIEMELE v. SOO LINE R. CO.

No. 95-3700.

93 F.3d 472 (1996)

Rodney KIEMELE; Lillian Kiemele, Plaintiffs-Appellants v. SOO LINE RAILROAD COMPANY, Defendant-Appellee

United States Court of Appeals, Eighth Circuit.

Decided August 20, 1996.

Rehearing and Suggestion for Rehearing Denied October 1, 1996.

Attorney(s) appearing for the Case

Dann Greenwood, Dickinson, North Dakota, argued, for appellant.

Stephen William Plambeck, Fargo, North Dakota, argued (Adele Hedley Page, on the brief), for appellee.

Before BEAM and HEANEY, Circuit Judges, and BOGUE, Senior District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied October 1, 1996.*

BOGUE, Senior District Judge.

Rodney and Lillian Kiemele appeal the district court's summary judgment dismissal of their negligence action. Because we find that genuine issues of material fact exist, we reverse and remand.

I. BACKGROUND

On December 2, 1993, Rodney Kiemele (Kiemele) was driving himself and three co-employees to work at an oil...

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