Giebel v. Union Pacific Railroad Company
||David A. Giebel
||Union Pacific Railroad Company
||December 8, 2008
||US District Court for the District of Minnesota
||XX US, Outside State
|Nature of Suit:
||Federal Employer's Liability
|Cause of Action:
||45:51 Railways: Fed. Employer's Liability Act
|Jury Demanded By:
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|May 11, 2010
ORDER - Based on the foregoing, and on all of the files, records, and proceedings herein, defendant Union Pacific Railroad Company's motion for partial summary judgment 20 is GRANTED. Accordingly, IT IS HEREBY ORDERED THAT: Plaintiff David A. Giebel's claim that defendant Union Pacific Railroad Company violated the Locomotive Inspection Act is DISMISSED WITH PREJUDICE AND ON THE MERITS; and Plaintiff David A. Giebel's claim that defendant Union Pacific Railroad Company is liable under the Federal Employers' Liability Act for failing to replace its jointed-rail track with continuous-welded rail is DISMISSED WITH PREJUDICE AND ON THE MERITS. (Written Opinion). Signed by Judge Patrick J. Schiltz on 05/11/10. (bjs)
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