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KINROSS v. UTAH RAILWAY CO.

No. 02-4192.

362 F.3d 658 (2004)

William K. KINROSS, Plaintiff-Appellee, v. UTAH RAILWAY COMPANY, a Utah Corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 22, 2004.

Attorney(s) appearing for the Case

David S. Kunz (Brad C. Smith with him on the brief) of Stevenson & Smith, P.C., Ogden, UT, for Plaintiff-Appellee.

Matthew N. Evans (Richard D. Flint with him on the briefs) of Holme, Roberts & Owen LLP, Salt Lake City, UT, for Defendant-Appellant.

Before EBEL, Circuit Judge, BRORBY, Senior Circuit Judge, and MURPHY, Circuit Judge.

BRORBY, Senior Circuit Judge.

Utah Railway Company appeals a district court order granting summary judgment against it and in favor of its former employee, William Kinross. The district court held Mr. Kinross did not receive due process in the course of an Arbitration Board's review of his wrongful termination claim. We exercise jurisdiction under 28 U.S.C. § 1291, reverse the district court, and remand the case for further proceedings.

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