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ATCHISON v. BNSF RAILWAY COMPANY RAILROAD CO.

Civil Action No. 13-cv-02621-MSK-KLM.

DANIEL A. ATCHISON, PAUL GONZALES, BENNEY GONZALES, LAWRENCE GUERERRO, and JAMES SILVA, Plaintiffs, v. BNSF RAILWAY COMPANY RAILROAD CO., Defendant.

United States District Court, D. Colorado.

June 12, 2014.

Attorney(s) appearing for the Case

Daniel A. Atchison, Plaintiff, represented by Mark T. Berry , Sammons & Berry, P.C..

Benney Gonzales, Plaintiff, represented by Mark T. Berry , Sammons & Berry, P.C..

Paul Gonzales, Plaintiff, represented by Mark T. Berry , Sammons & Berry, P.C..

Lawrence Guererro, Plaintiff, represented by Mark T. Berry , Sammons & Berry, P.C..

James Silva, Plaintiff, represented by Mark T. Berry , Sammons & Berry, P.C..

BNSF Railway Company Railroad Co., Defendant, represented by William Robert Floyd , McLeod, Alexander, Powel & Apffel & Chad Michael Knight , Hall & Evans, LLC.

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

KRISTEN L. MIX, Magistrate Judge.

This matter is before the Court on Defendant BNSF Railway Company's Motion to Dismiss Counts III and IV of Plaintiffs' Complaint [#8]1 (the "Motion"). Plaintiffs filed a Response [#9] in opposition to the Motion, and Defendant filed a Reply [#14]. Pursuant to 28 U.S.C. § 636(b)(1) and D.C.COLO.LCivR 72.1(c)(3), the Motion has...

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