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WOLFE v. BNSF RY. CO.

No. 12-35054.

749 F.3d 859 (2014)

Scott R. WOLFE, Plaintiff-Appellant, v. BNSF RAILWAY COMPANY, A Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 23, 2014.

Attorney(s) appearing for the Case

Sharon L. Van Dyck (argued), Van Dyck Law Firm, PLLC, St. Louis Park, MN, for Plaintiff-Appellant.

Donald J. Munro (argued), Jones Day, Washington, D.C.; Michelle T. Friend , Hedger Friend, PLLC, Billings, MT, for Defendant-Appellee.

Before: HARRY PREGERSON, MARY H. MURGUIA, and MORGAN CHRISTEN, Circuit Judges.

OPINION

PREGERSON, Circuit Judge:

Plaintiff-Appellant Scott Wolfe ("Wolfe") appeals the district court's order granting summary judgment in favor of Defendant-Appellee BNSF Railway Company ("BNSF") on Wolfe's claims under Montana Code Annotated ("MCA") § 39-2-703. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm in part, reverse in part, and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

Wolfe is...

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