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GRADE v. BNSF RY. CO.

No. 10-3636.

676 F.3d 680 (2012)

Steven L.D. GRADE, Appellant, v. BNSF RAILWAY COMPANY, a Delaware Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 16, 2012.

Attorney(s) appearing for the Case

Kevin Kent Knake , argued, Hastings, NE, for Appellant.

Krista M. Carlson , argued, Thomas C. Sattler , on the brief, Lincoln, NE, for Appellee.

Before LOKEN, MURPHY, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Steven Grade brought suit against BNSF Railway Co. (BNSF), alleging common law negligence and seeking compensation for injuries he suffered when the automobile he was driving hit a BNSF railcar that was stopped at a railroad crossing. The district court1 granted summary judgment to BNSF dismissing all of Grade's claims. Grade appeals, and we affirm.

I.

On a late December night in 2006, Steven...

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