ORDER
ROBERT W. PRATT, District Judge.
Before the Court is Union Pacific Railroad Company's ("Defendant" or "UP") Motion for Summary Judgment ("Motion"), filed June 10, 2013. Clerk's No. 21. Thomas W. Ray ("Plaintiff" or "Ray") filed a resistance to the Motion on July 12, 2013. Clerk's No. 26. Defendant replied on July 22, 2013. Clerk's No. 27. The matter is fully submitted.
I. FACTUAL BACKGROUND
Plaintiff...
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