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RICHARDSON v. BNSF RY. CO.

No. 20-1932.

2 F.4th 1063 (2021)

Scott T. RICHARDSON, Plaintiff-Appellant v. BNSF RAILWAY COMPANY, Defendant-Appellee

United States Court of Appeals, Eighth Circuit.

Filed: June 28, 2021.

Attorney(s) appearing for the Case

Richard L, Boucher , Bradley Harzman Supernaw , Boucher Law Firm, Lincoln, NE 68512, for Plaintiff-Appellant.

Nichole S. Bogen , Nichole S. Bogen, Lamson & Dugan, Lincoln, NE 68508, David M. Pryor , Senior Attorney, Burlington Northern Railroad Company, Fort Worth, TX 76131-2830, for Defendant-Appellee.

Before COLLOTON, GRUENDER, and GRASZ, Circuit Judges.

Scott T. Richardson sued BNSF Railway Co., alleging constructive discharge and intentional infliction of emotional distress under Nebraska law. BNSF moved to dismiss both claims under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The district court1 granted BNSF's motion. Richardson...

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