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HYSTEN v. BURLINGTON NORTHERN SANTA FE RY. CO.

No. 05-3391.

530 F.3d 1260 (2008)

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

United States Court of Appeals, Tenth Circuit.

July 7, 2008.

Attorney(s) appearing for the Case

David R. Cooper (Teresa L. Sittenauer with him on the briefs), Fisher, Patterson, Sayler & Smith, Topeka, KS, for the Defendant-Appellant.

Alan V. Johnson (Stephen D. Lanterman with him on the brief), Sloan, Eisenbarth, Glassman, McEntire & Jarboe, Topeka, KS, for the Plaintiff-Appellee.

Before HENRY, Chief Judge, ANDERSON, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

This appeal challenges the final judgment in favor of the plaintiff Larry Hysten on his retaliatory discharge claim under Kansas law. During trial, the district court denied the motions of Mr. Hysten's employer, the defendant Burlington Northern Santa Fe Railway Company ("Burlington Northern"), for judgment as a matter of law. The jury found that Burlington Northern retaliated against Mr. Hysten for reporting a work-related injury that might...

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