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FROST v. BNSF RY. CO.

No. 17-35513.

914 F.3d 1189 (2019)

Michael A. FROST, Plaintiff-Appellant, v. BNSF RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 30, 2019.

Attorney(s) appearing for the Case

Lucas J. Kaster (argued) and James H. Kaster , Nichols Kaster LLP, Minneapolis, Minnesota, for Plaintiff-Appellant.

Bryan P. Neal (argued), Thompson & Knight LLP, Dallas, Texas; Keith M. Gorman , Hall & Evans LLC, Denver, Colorado; Paul S. Balanon , General Attorney, BNSF Railway Company, Fort Worth, Texas; for Defendant-Appellee.

Before: Ferdinand F. Fernandez, N. Randy Smith, and Morgan Christen, Circuit Judges.

OPINION

Michael Frost sued the BNSF Railway Company, alleging that it violated the Federal Railroad Safety Act (FRSA) when it disciplined and ultimately terminated him after he committed a pair of safety rule violations and filed an injury report. At trial, the district court instructed the jury that BNSF could...

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