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HOWELL v. LAB ONE, INC.

No. 8:02CV73.

243 F.Supp.2d 987 (2003)

Daniel HOWELL, Plaintiff, v. LAB ONE, INC., a Missouri Corporation, Lab One, Inc., a Delaware Corporation, Union Pacific Railroad Co., a Utah Corporation, Defendants.

United States District Court, D. Nebraska.

February 10, 2003.

Attorney(s) appearing for the Case

Jayson D. Nelson, Omaha, NE, Richard J. Dinsmore, Omaha, NE, for Plaintiff.

Joseph S. Daly, Daly Law Firm, Omaha, NE, for Lab One, Inc.

Henry N. Carnaby, Union Pacific Law Department, Omaha, NE, for Union Pacific Railroad Co.

MEMORANDUM AND ORDER

BATAILLON, District Judge.

This matter is before the court on defendant Lab One's motion to dismiss, Filing No. 10, and defendant Union Pacific Railroad Company's (U.P.'s) motion to dismiss or alternatively for summary judgment, Filing No. 11. Plaintiffs motion for oral argument on the motions is also pending, Filing No. 26. The court finds oral argument is not necessary and the motion for oral argument will be denied.

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