152905P.pdf   03/10/2017  Paul Gunderson  v.  BNSF Railway Company
   U.S. Court of Appeals Case No:  15-2905
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Loken, Author, with Smith and Colloton, Circuit Judges] 
   Civil case - Federal Rail Safety Act. The summary judgment dismissing 
   Gunderson's retaliation claim must be affirmed because he failed to submit 
   evidence that would permit a reasonable jury to infer that his 
   FRSA-protected activities were a contributing factor in defendant's 
   decision to discharge him for harassing and intimidating a co-worker; 
   defendant's argument that Gunderson waived his right to file a de novo 
   action in district court by engaging in protracted administrative 
   adjudication of the merits of his FRSA retaliation claim would be left to 
   another day. Judge Colloton, concurring in part and concurring in the 
   judgment.