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Montana Federal Reports

a citable reporter of civil opinions and bench judgments from the Montana U.S. District Courts.

Staley v. BNSF

July 3, 2015 By lilly

RR CROSSING COLLISION: RR failed to show that employee against whom negligence as to crossing safety resulting in train/truck collision is alleged was fraudulently joined in attempt to defeat diversity… no complete preemption by ICCTA, thus no federal question jurisdiction, as negligence claim would have “merely incidental” effects on RR’s operations… Plaintiff’s motion to remand granted… Watters.

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