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EVERMANN v. BNSF RY. CO.

No. 09-1708.

608 F.3d 364 (2010)

Larry J. EVERMANN, Plaintiff-Appellant, v. BNSF RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 14, 2010.

Attorney(s) appearing for the Case

Charles A. Collins, argued, St. Paul, MN, for appellant.

David M. Pryor, argued, Fort Worth, TX (Melanie J. Whittamore-Mantzios, on the brief, Lincoln, NE), for appellee.

Before LOKEN, Chief Judge, GRUENDER and BENTON, Circuit Judge.

LOKEN, Chief Judge.

Larry J. Evermann, a conductor for the BNSF Railway Company (BNSF) since 1976 and a member of the United Transportation Union (the Union), brought this action in state court seeking a declaratory judgment that § 25-1640 of the Nebraska Revised Statutes obligates BNSF to reimburse him for "productivity shares" lost because of his service on a federal grand jury. After BNSF removed the case to federal court, Evermann moved to remand, arguing...

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