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BNSF RY. CO. v. L.B. FOSTER CO.

No. 4:11CV3076.

917 F.Supp.2d 959 (2013)

BNSF RAILWAY COMPANY, Plaintiff, v. L.B. FOSTER COMPANY, Defendant.

United States District Court, D. Nebraska.

January 8, 2013.

Attorney(s) appearing for the Case

Brian J. Adams , Krista M. Carlson , Wolfe, Snowden Law Firm, Thomas C. Sattler , Sattler, Bogen Law Firm, Lincoln, NE, for Plaintiff.

Brian D. Nolan , Douglas R. Novotny , Nolan, Olson Law Firm, Omaha, NE, for Defendant.

MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

WARREN K. URBOM, Senior District Judge.

The plaintiff, BNSF Railway Company (BNSF), filed a six-count amended complaint against the defendant, L.B. Foster Company (L.B. Foster), on August 5, 2011. (ECF No. 15.) Now before me is L.B. Foster's motion for summary judgment. (ECF No. 43.) For the following reasons, I find that L.B. Foster's motion must be granted.

I. BACKGROUND

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