ON MOTION TO STAY THE MANDATE
RIPPLE, Circuit Judge (in chambers).
CSX Transportation has filed a motion to stay the mandate pending the filing and disposition of a petition for writ of certiorari. For the reasons set forth in this opinion, the motion must be denied.
On March 16, 2010, this court affirmed the judgment of the district court. See McBride v. CSX Transp., Inc.,
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