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KUDUK v. BNSF RY. CO.

No. 13-3326.

768 F.3d 786 (2014)

Thomas F. KUDUK, Plaintiff-Appellant v. BNSF RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 7, 2014.

Attorney(s) appearing for the Case

Christopher W. Bowman , argued, Saint Paul, MN ( Louis E. Jungbauer , Saint Paul, MN, on the brief), for appellant.

Bruce Jay Douglas , argued, Minneapolis, MN ( Ashley A. Wenger , Minneapolis, MN, on the brief), for appellee.

Before LOKEN, BRIGHT, and GRUENDER, Circuit Judges.

LOKEN, Circuit Judge.

The Federal Rail Safety Act ("FRSA") prohibits rail carriers from retaliating against employees who engage in safety-related protected activities. 49 U.S.C. § 20109(a). Brakeman Thomas Kuduk, a long-time employee of BNSF Railway Co. ("BNSF"), commenced this action alleging that BNSF violated this anti-retaliation mandate when it terminated him in September 2010. He now appeals the district court's1 grant of summary...

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