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GRIMES v. BNSF RY. CO.

No. 13-60382.

746 F.3d 184 (2014)

Danny L. GRIMES, Plaintiff-Appellant v. BNSF RAILWAY COMPANY, a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 18, 2014.

Attorney(s) appearing for the Case

Christopher W. Bowman , [COR LD NTC Retained], Yaeger & Jungbauer Barristers, P.L.C., Saint Paul, MN, Robert Bradley Best , [COR NTC Retained], Holcomb, Dunbar, Watts, Best, Masters & Golmon, P.A., Oxford, MS, for Plaintiff-Appellant.

Margaret Sams Gratz, Esq. , Lucius F. Sams, Jr., Esq. , [COR LD NTC Retained], Mitchell McNutt & Sams, Tupelo, MS, Jacqueline M. Holmes , [COR NTC Retained], Jones Day, Washington, DC, Andrea Hyatt , [NTC Retained], Burlington Northern & Santa Fe Railway Company, Fort Worth, TX, for Defendant-Appellee.

Before SMITH, DeMOSS, and HIGGINSON, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

IT IS ORDERED that the petition for rehearing is DENIED. The opinion, 2014 WL 593600, 2014 U.S.App. LEXIS 2861 (Feb. 17, 2014), is WITHDRAWN, and the following opinion is SUBSTITUTED to provide clarification as properly suggested in the petition.

JERRY E. SMITH, Circuit Judge:

Danny Grimes appeals a judgment giving collateral-estoppel effect, in his Federal Railway Safety Act ("FRSA") suit, to...

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