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BNSF RY. CO. v. O'DEA

No. 08-35075.

572 F.3d 785 (2009)

BNSF RAILWAY COMPANY, a Delaware corporation, Plaintiff-Appellant, v. Matt O'DEA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2009.

Attorney(s) appearing for the Case

Bryan P. Neal and Stephen F. Fink, Thompson & Knight L.L.P., Dallas, TX, for the plaintiff-appellant.

Terry N. Trieweiler, Trieweiler Law, Whitefish, MT, for the defendant-appellee.

Concurrence by Judge FISHER.

FERNANDEZ, Circuit Judge:

BNSF Railway Company appeals the district court's dismissal of its action against Matt O'Dea. The district court held that it did not have jurisdiction because the action, in effect, sought appellate review of a decision of the Montana Human Rights Commission. We determine that the district court did have jurisdiction; we reverse and remand.

BACKGROUND

BNSF is a Delaware corporation, and has its principal place of business...

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