PARKER v. BNSF RAILWAY COMPANY (2024)

United States Court of Appeals, Ninth Circuit.

Paul W. PARKER, as Personal Representative of the Estate of Curtis John Rookaird, Plaintiff-Appellant, v. BNSF RAILWAY COMPANY, a Delaware corporation, Defendant-Appellee.

No. 22-35695

Decided: December 12, 2024

William G. Jungbauer, Cyle Cramer, John Magnuson, Yaeger & Jungbauer Barristers, PLC, Saint Paul, MN, for Plaintiff-Appellant. Tim D. Wackerbarth, Callie A. Castillo Esquire, Andrew G. Yates, Lane Powell, PC, Seattle, WA, David M. Morrell, Jones Day, Washington, DC, for Defendant-Appellee. Robert Bertelson Mitchell, K&L Gates, LLP, Seattle, WA, for Amicus Association of American Railroads.

ORDER

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 40(c) and Circuit Rule 40-3. The three-judge panel opinion is vacated.

Judge Christen did not participate in the deliberations or vote in this case.

MURGUIA, Chief Judge:

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