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SMITH v. RAIL LINK, INC.

No. 11-8011.

697 F.3d 1304 (2012)

Bridget SMITH, Plaintiff-Appellant, v. RAIL LINK, INC.; Genesee & Wyoming, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 23, 2012.

Attorney(s) appearing for the Case

Marc Wietzke of The Law Offices of Michael Flynn, PC, Garden City, NY (Jubin & Zerga, LLC, Cheyenne, Wyoming with him on the brief), for Plaintiff-Appellant.

Melisa G. Thompson of Bates Carey Nicolaides LLP, Chicago, IL ( Scott L. Carey of Bates Carey Nicolaides LLP, Chicago, IL; Larry B. Kehl and J. James Learned of Buchhammer & Kehl, Cheyenne, WY, with her on the brief), for Defendants-Appellees.

Before MURPHY, HOLLOWAY, and GORSUCH, Circuit Judges.

HOLLOWAY, Circuit Judge.

Plaintiff-Appellant Bridget Smith worked for Rail Link, Inc. ("Rail Link") as a freight operator at the Belle Ayre Mine in Wyoming. She was injured on the job, and subsequently sued Rail Link and its corporate parent Genesee & Wyoming, Inc. ("GWI") in federal district court, asserting that the companies were liable for her injuries under the Federal Employers Liability Act ("FELA"). FELA provides, in certain circumstances, a federal cause...

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