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153192P.pdf   02/27/2017  Edward Blackorby  v.  BNSF Railway Company
   U.S. Court of Appeals Case No:  15-3192
   U.S. District Court for the Western District of Missouri - Kansas City   
[PUBLISHED] [Melloy, Author, with Colloton and Shepherd, Circuit Judges] Civil case - Federal Railroad Safety Act. The district court erred in instructing the jury that plaintiff need not establish intentional retaliation in order to prevail on his claim that his discipline violated the employee-protections provisions of the Act - see Kuduk v. BNSF Railway Co., 768 F.3d 786 (8th Cir. 2014); jury verdict for plaintiff is reversed and the matter is remanded for further proceedings.