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SCHMIDT v. BURLINGTON NORTHERN AND SANTA FE RY., CO.

No. 08-35845.

605 F.3d 686 (2010)

John SCHMIDT, Plaintiff-Appellant, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Western Fruit Express, Inc., a Delaware Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 18, 2010.

Attorney(s) appearing for the Case

John A. Kutzman, Paoli, Latino & Kutzman, P.C., Missoula, MT, for the plaintiff-appellant.

Jacquelyn M. Hughes, Hedger Friend, P.L.L.C., Billings, MT, for the defendants-appellees.

Opinion by Judge BURNS: Concurrence by Judge CALLAHAN.

BURNS, District Judge:

John Schmidt appeals the district court's grant of summary judgment in favor of Defendant Burlington Northern and Santa Fe Railway Company (BNSF) on his negligent injury claim under the Federal Employers Liability Act (FELA), 45 U.S.C. §§ 51 et seq. The district court found Schmidt did not present adequate evidence to show he was employed by BNSF. We disagree, and conclude Schmidt's...

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