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HYSTEN v. BURLINGTON NORTHERN AND SANTA FE RY. CO.

No. 01-3098.

296 F.3d 1177 (2002)

Larry D. HYSTEN, Plaintiff-Appellant, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 30, 2002.

Attorney(s) appearing for the Case

Alan V. Johnson (Stephen D. Lanterman with him on the briefs) of Sloan, Listrom, Eisenbarth, Sloan & Glassman, L.L.C., Topeka, Kansas, for Plaintiff-Appellant.

David R. Cooper of Fisher, Patterson, Sayler & Smith, L.L.P., Topeka, Kansas, for Defendant-Appellee.

Before TACHA, Chief Judge, BALDOCK, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Plaintiff Larry D. Hysten was employed as a journeyman freight car mechanic by defendant Burlington Northern ("Burlington Northern" or "BNSF") and its predecessor, Santa Fe Railroad, for approximately twenty-two years. His suit under 42 U.S.C. § 1981 consists of claims that Burlington Northern suspended him for forty days because he is an African-American and then engaged in retaliatory activity designed to punish him for undertaking protected...

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