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

No. 02-242.

60 P.3d 418 (2002)

312 Mont. 498

2002 MT 289

Robert REIDELBACH, Plaintiff and Appellant, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation and Scott Jacobsen, Defendants and Respondents.

Supreme Court of Montana.

Decided December 10, 2002.

Attorney(s) appearing for the Case

For Appellant: Erik B. Thueson and Julianne C. Burkhardt, Thueson & Lamb, Helena, Montana.

For Respondents: Jon Moyers, Jeff Hedger, Hedger Moyers, Billings, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Robert Reidelbach (Reidelbach) appeals the Order of the Montana Eighth Judicial District Court dismissing various counts of his complaint against Burlington Northern and Santa Fe Railway Company (BNSF) based upon the conclusion that the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq., was the exclusive remedy available to Reidelbach. We reverse and remand.

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