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BURLINGTON NORTHERN AND SANTA FE RAILWAY CO v. GUNDERSON, INC.

No. 2-06-274-CV.

235 S.W.3d 287 (2007)

The BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Appellant v. GUNDERSON, INC. and ASF-Keystone, Inc., Appellees.

Court of Appeals of Texas, Fort Worth.

August 24, 2007.

Attorney(s) appearing for the Case

Merrick C. Walton, Houston, TX, and Hall & Evans, LLC and Thomas L. Beam, Denver, CO, for Appellant.

Whitaker, Chalk, Swindle & Sawyer, LLP and Mack Ed Swindle, Fort Worth, TX, and Tonkon Torp LLP and Frank J. Weiss, Portland, OR, and Foliart, Huff, Ottaway & Bottom, Larry D. Ottaway and Monty B. Bottom, Oklahoma City, OK, for Appellee.

Panel A: CAYCE, C.J.; LIVINGSTON and GARDNER, JJ.

OPINION

ANNE GARDNER, Justice.

Appellant BNSF Railway Company (f/ k/a The Burlington Northern and Santa Fe Railway Company) appeals from a summary judgment granted in favor of Appellees Gunderson, Inc. and ASF-Keystone, Inc. BNSF argues that the trial court erred by failing to conduct a choice-of-law analysis, by hearing the summary judgment motions before BNSF had adequate time to determine through discovery which state's law applies to its claims, and...

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