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SINCLAIR v. BURL. NOR. AND SANTA FE RY. CO.

No. DA 07-0686.

200 P.3d 46 (2008)

2008 MT 424

347 Mont. 395

Jason SINCLAIR, Plaintiff and Appellant, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware Corporation, and Scott Jacobsen, Defendants and Appellees.

Supreme Court of Montana.

Decided December 16, 2008.

Attorney(s) appearing for the Case

For Appellant: Erik B. Thueson, Thueson Law Office, Helena, Montana, James T. Towe, Towe Law Offices, Missoula, Montana.

For Appellees: Jeff Hedger, James E. Roberts, Hedger Friend & Roberts, P.L.L.C., Billings, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Jason Sinclair (Sinclair) appeals the dismissal of his claims against Burlington Northern and Santa Fe Railway Company (BNSF) in the Eighth Judicial District, Cascade County. We affirm in part, reverse in part and remand for further proceedings consistent with this Opinion.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Sinclair was an employee of BNSF from 1994 to 2001. In December...

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