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DAVIES v. BNSF RY. CO.

No. 4:08 CV 3203.

595 F.Supp.2d 1058 (2009)

Brenda DAVIES, Personal Representative of the Estate of Duane E. Davies, Deceased, Plaintiff, v. BNSF RAILWAY COMPANY, a Delaware Corporation, and Box Butte County, Nebraska, (for purposes of apportionment only), Defendants.

United States District Court, D. Nebraska.

February 5, 2009.

Attorney(s) appearing for the Case

Martin J. Troshynski, Ruff, Lindemeier Law Firm, North Platte, NE, for Plaintiff.

Nichole S. Bogen, Thomas C. Sattler, Wolfe, Snowden Law Firm, Vincent Valentino, Centerstone, Lincoln, NE, for Defendants.

MEMORANDUM AND ORDER

RICHARD G. KOPF, District Judge.

This is a wrongful death action stemming from a collision between a BNSF train and decedent Duane E. Davies' pickup. The personal representative of Davies' estate has sued both BNSF Railway Company and Box Butte County, Nebraska. The complaint specifically states that "[t]he defendant COUNTY is sued for apportionment purposes only, as the plaintiff...

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