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BNSF Rwy. Co. v. O'Dea, No. 08-35075

By FindLaw Staff on July 16, 2009 3:28 PM

In an employment discrimination action, dismissal of the complaint for lack of jurisdiction is reversed where district courts have diversity jurisdiction over appeals from state administrative agency decisions when state law places such appeals in state trial courts.

Read BNSF Rwy. Co. v. O'Dea, No. 08-35075

Appellate Information

Argued and Submitted June 1, 2009

Filed July 16, 2009

Judges

Opinion by Judge Fernandez

Concurrence by Judge Fisher

Counsel

For Appellant:

Bryan P. Neal, Thompson & Knight L.L.P., Dallas, TX

Stephen F. Fink, Thompson & Knight L.L.P., Dallas, TX

For Appellee:

Terry N. Trieweiler, Trieweiler Law, Whitefish, MT

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